*M 


Wmm 


wu 


THE    STATE    OF    TEXAS, 

DEl'AItTMKNT    Dl-    >TATE.         j 

I,  Robert  J.  Townes,  Secretary  of  State  of  the  State  of  Texas',  do  certify 
that  I  have  compared  the  foregoing  Laws  and  Joint  Resolutions  of  the  Tenth 
Legislature  with  the  originals  now  on  file  in  the  Department  oi  State,  and  that 
they  are  true  copies  of  such  originals. 

I  further  certify,  that  the  Tenth  Legislature  of  the  State  of  Texas  assembled 
on  Monday,  the  second  day  of  November,  A.  D.  18(i:J>,  and  adjourned  on  the 
sixteenth  day  of  December,  at  11  o'clock,  P.  M.,  of  the  sam*>  Jreari 

In  testimony  whereof,  I  have  hereunto  signed  my  name,  and 
caused  the  Seal  of  the  Department  of  State  to  bo  affixed,  at 
Austin,  this  twelfth  day  of  February,  A.  I>.  1864. 
R.  J.  TOWNES. 

fjkcrtfwy  ■;■  Stcite. 


GENERAL  LAWS 


OF  THE 


TENTH  LEGISLATURE. 

(CALLED    SESSION,) 


WITH    THE 


PROVISIONAL  AND  PERMANENT  CONSTITUTIONS 


THE  CONFEDERATE  STATES: 


ALSO, 


ME  COISTITUTIOI  OF  THE  STATE  OIF  TEXASL 


^■M» 


HOUSTON,    TEXAS: 

AT  TBR  GAJLTBSTOH   "XBWS"  BOOK  Aim  JOB  OmCB. 

18G4. 


Digitized  by  the  Internet  Archive 
in  2010  with  funding  from 
Duke  University  Libraries 


http://www.archive.org/details/generallawsoften06texa 


GENERAI/'LAWB 


. 

ifl  ACT  to  amer.d  ih*  2d  and  2d  sections  cf  an  Act  entitled  "An  Act  to  reor 
gankc  ifi4  1UA  Judici  d  District  and  define  the  time  of  holding  Courts  therein," 
/approved  February  2d.  1861. 

Bbction  I.  Be  it  enacted  by  Iks  Legislature  of  the.  Stale  of  Texas,  That  Ov- 
id Becliouof  the  above  recited  act  bo  amended  8a  a3  to  read  as  follows  :  "The 
Mstrict  Court  Bhall  be  held  twice  in  each  year,  in  said  District,  a*  follows,  to 
tit :  In  the  County  of  Eilis  on  the  1st  Mondays  in  March  and  September,  fh 
*ch  y<  ar,  and  may  continue  in  session  two  weeks  ;  in  the  County  of  Johnson 
to  the  3d  Mondays  in  March  and  September,  r.nd  may  continne  in  session  one 
feek  ;  in  the  County  of  Parker,  on  the  4th  Mondays  in  March  and  Septembi  r, 
Old  may  continue  in  sess-ion  two  weeks  ;  in  the  County  of  Tarrant,  on  the  2d 
londay  alter  the  4th  Mondays  in  llarch  and  September,  and  may  continue  in 
jasidn  two  weeks  ;  in  the  County  of  Dallas,  on  the  4th  Monday  after  the  4th 
ays  in  Maich  and  September,  and  may  continue  in  session  two  weeks  ;  in 
onnty  of  Kaufman,  on  the  Cth  Monday  after  the  4th  Mondays  in  March 
d  September,  and  may  continue  in  session  two  weeks;  in  the  County  of 
Zand*,  on  I  onday  after  tho  4th  Mondays  in  Match  and  September, 

may  continue  in  session  until  the  business  iB  disposed  of." 
0.  2.  That  the  third  action  ol  the  act  above  recited  be  so  nmendod  a* 
d  as  follows  :  ''That  all  writs  and  other  process  tesued  from  the  District 
its,  ol  liny  of  the  counties  nam*  d  in  Ibis  act,  i-hall  be  made  returnable 
e  terms  of  said  Courts  as  established  by  tbis  act.  and  all  ca?cs  of  npp 
rite  of  en  or  fioro  judgments  of  the  District  Court  in  this  District,  Fhall  be 
nable  to  tho  Supreme  C  turt  at  Austin,  except  tho  Counties  of  Kmfman 
Van  Zandt,  which  shall  bo  return  ible  ti  tha  Supreme  Court  at  Tyler." 

3.    That  all  laws  conflicting  herewith  be,  and  tho  samen-e,  hereby  re 
1»  d.  and  Hi  tt  this  act  ttke  effect,  and  be  in  force,  from  and  after  its  passage 
proved  May  20th,  1864. 

CHAPTER  II. 

A  CT  making  an  appropriation  to  defray  the  Contingent  Expenses  of  the  Extra 
ision  of  the  Tenth  Legislature. 

rv n  1.     Be  it  enacted  by  the  Legislature  of  the  State  of  Texas.  Thit  the 
of  twen'y  thousand  dollais  Contederair  Ti«  ssnrj  noes.  %»r  so  much  thereof 
lay  be  nt-ccas:uy.  be.  and  the  same  is  hereby  nppropriated  to  r*y  tho  con 
eutfipm  ouf  tUc  Extra  S>«sioa  of  the  Tenth  Legislature 

2.    That  thirt  set  take  effect  from  and  after  its  passage 
approved  May  23d,  1864 


chapter  m 

AN  ACT  to  reorganise  the  Seventeenth  Judicial  District  and  to  prescribe  the  time' 
for  holdivg  Courts  therein. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stale  of  Texas,  That  the 
Seventeenth  Judicial  District  shall  hereafter  be  composed  of  the  Counties  of 
Williamson,  Burnet,  Llano,  Mason,  San  Saba,  McCulioch,  Brown  and  Lampassafl, 
and  the  District  Court  shall  be  held  twice  in  each  year,  in  each  of  said  coun- 
ties, as  follows :  la  the  County  of  Williamson,  on  the  1st  Mondays  in  March 
and  September,  and  may  continue  in  session  four  weeks  ;  in  the  County  of 
Burnet,  on  the  4th  Monday  after  the  1st  Mondays  in  March  and  September, 
and  may  continue  in  session  one  week  ;  in  the  County  of  Llano,  on  fhe  5th 
Monday  after  the  1st  Mondays  in  March  and  September,  and  may  continue  in 
session  one  week  ;  in  the  County  of  Mason,  on  the  6th  Monday  after  the  1st 
Mondays  in  March  and  September,  and  may  continue  in  session  one  week  ;  in 
the  County  of  San  Saba,  on  the  T th  Monday  after  the  1st  Mondays  in  March 
and  September,  and  may  continue  in  session  one  week  ;  in  the  County  of 
McCulioch,  on  the  8th  Monday  after  the  let  Mondays  in  March  and  September, 
and  may  continue  in  session  one  week  ;  in  the  County  of  Brown,  on  the  9ta 
Monday  after  the  1st  Mondays  in  March  and  September,  and  may  continue  in 
session  one  week  ;  in  the  County  of  Lampassas,  on  tho.  10th  Monday  after  the 
1st  Mondays  in  March  and  September,  and  may  contiuue  in  session  until  the 
business  is  disposed  of. 

Sec.  2.    That  all  writs,  and  other  pro  i  from  the  District  Court  of 

any  ot  the  counties  named  in  this  act,  shall  be  made  returnable  to  the  terms  of 
said  Courts  as  established  by  this  act. 

Sec.  3.    That  this  act  take  effect  from  its  passage. 

Approved  May  23d,  1864. 

CHAPTER  IV. 

AN  ACT  to  amend  an  Act  entitled  "An  Act  to  arnev/i  an  Act  entitled  an  Act  to 
organize  County  (hurts.1'     Approved  February  16th,  1862. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
first  section  of  the  above  recited  act  be,  and  the  same  is  hereby  so  amended 
as  to  read  as  follows  : 

"  Section  20.  The  regular  terms  of  the  County  Court  shall  commence  and  be1 
held  at  the  Court-house  of  each  county,  in  this  State,  on  the  last  Monday  in' 
every  month  for  the  probate  of  wills,  the  granting  of  letters  testamentary,  of1 
administration,  and  of  guardianship,  and  the  transaction  of  all  business  grow- 
ing out  of,  or  connected  with  the  powers  and  jurisdiction  of  the  County  Courts.1 
over  executors,  administrators  and  guardians,  and  estates  of  deceased  per1 
sons,  minors,  idiots,  lunatics,  and  persons  non  compos  mentis.  Such  terms  Bhall 
be  held  by  the  Chief  Ju&tice,  without  the  assistance  of  any  of  the  County  Com 
missioners,  and  may  be  continued,  from  day  to  day,  for  one  week,  but  not 
longer ;  and  the  Chief  Justice  shall  have  the  authority  to  transact  such  buei 
ness  growing  out  of,  or  connected  with  such  powers  and  jurisdiction,  daring 
the  vacation  between  said  terms  of  said  court,  as  may  be  authorized  by  law.'' 

Sec.  2.    That  this  act  be  in  force  from  and  after  its  passage. 

Approved  May  2Sd,  1864 

CHAPTER  V 
AN  ACT  to  prevent  Slaves  from  exercising  pretended  ownership  over  property 
Section  1.    Beit  enacted  by  the  Legislature  of  the  State  of  Texas,  That  it  shall 


5 

be  unlawful  for  any  slave  owner  to  knowingly  permit  any  s-lave  to  have,  or 
exercise,  any  pretended  ownership  or  control,  in  his  or  her  own  right,  over  any 
horses,  cattle,  ebeep  or  hogs,  within  this  State.  And  where  any  such  pretended 
right  of  ownership  now  exists,  the  master,  or  other  person  having  the  control 
•f  such  slave,  shall,  within  six  months  after  the  passage  of  this  apt,  dispose  of 
such  property  by  sale  or  otherwise. 

Sec.  2.  The  owner  offending  under  the  first  section  of  this  act.  may  be  in- 
dicted and  tried  in  the  District  Court,  and  upon  conviction,  shall  be  And  in  any 
turn  not  exceeding  the  value  of  the  horses,  caUle,  sheep,  goats  or  hogs,  oyer 
Which  such  negro  may  exercise  a  pretended  right  of  ownership,  or  on  which 
such  negro  shall  have  a  brand  or  ear  mark. 

8»cy  3.    That  this  act  take  effect  and  be  in  force  from  its  passage. 

Approved  Mav  2Cth.  1SC4. 


CHAPTER  VI. 

AN  ACT  to  provide  for  the  revision  of  the  Laics. 

Section  . .  Be  U  enacted  by  the  Legislature  of  the  State  vf  Texas,  Thai 
the  Governor  be,  and  he  is  hereby  authorized,  to  appoint  a  competent 
person  to  revise,  digest,  and  arrange  the  Laws,  Civil  and  Criminal,  of  this  State. 

Sec.  2.  That  said  Reviser  shall,  in  performance  of  the  duties  imposed  by  this 
act,  reduce  the  several  subjects  into  proper  chapters  andsectiorjs,  bringing  into 
each  chapter,  as  near  as  may  be,  a  condensation  of  all  the  public  laws  appertain- 
ing to  the  subject  treated  in  each  chapter  ;  that  the  Reviser  shall  notsimply  trans- 
fer the  Statutes,  but  shall,  (without  changing  the  sense,)  so  alter  their  phraseolo- 
gy as  to  exclude  all  redundancy  of  expression  ;  and  where  there  shall  be  several 
acts  relating  to  the  same  subject,  they  shall  be  condensed  into  one,  and  so  ex- 
pressed as  clearly  to  set  forth  the  sense  of  the  whole,  having  regard  to  judicial 
expositions  thereof;  and  he  shall  simplify  and  arrange,  under  distinct  heads, 
the  manner  of  procedure  in  the  several  Courts  of  this  State. 

Sec.  3.  That  whenever  it  shall  be  apparent  that  there  may  be    Log: 
omissions  in  any  Statute,  said  Reviser  shall  supply  the  same  so  as  to  perfect 
such  Statute,  and  render  its  operations  complete. 

Sec.  4.  That  said  Reviser  shall  prepare  appropriate  titles,  and  subdivisions 
of  titles  for  each  chapter,  clearly  and  briefly  expressive  of  the  subjects  treated ; 
also,  shall  make  an  index,  for  easy  reference  to  the  manuscript  copy  of  the 
Code ;  shall  add  such  marginal  notes  to  the  Acts  as  shall  be  proper  for  the 
Clear  elucidation  of  them,  and  for  easy  reference  to  the  several  laws  from  which 
he  may  compile,  with  references  to  the  decisions  of  the  Supreme  Court,  in  which 
construction  may  be  given  to  the  acts. 

Sec.  5.  That  said  Reviser  shall  prepare  said  Code  and  report  the  same  to  the 
Governor,  whose  duty  it  shall  be,  after  said  Code  has  .been  reported  to  him,  to 
have  at  least  two  hundred  copies  of  the  same,  together  with  the  report  of  the 
Reviser,  printed,  and  report  the  same  to' the  Legislature  as  soon  as  practicable. 

Sec.  G.  That  said  Reviser  shall  have  the  right  to  take  from  the  office  of  the 
Secretary  of  State,  and  the  library  of  the  Supreme  Court,  any  books  necessary 
for  the  performance  of  his  duties  under  this  act,  upon  giving  his  receipt  there- 
for, and  he  shall  be  responsible  lor  the  return  of  the  same  within  a  reasonable 
time. 

Sec.  7.  That  said  Reviser  shall  reocive  for  his  services  such  compensation  r.s 
the  Legislature  may  hereafter  provide. 

Sec.  8.  That  this  act  take  effect  and  be  in  force  from  and  after  itfl  passage. 

Approved  May  27,  18G4. 


CHAPTER  VII. 


AN  ACT  to  rtgvlate  the  rdoept&on  end '  disvoml  of  CbnfederaU  Ifoies  and  Bonji 
mow  and  hereafter,  in  ti\&  Tmsuru 

Section  I.  Be  ii  enacted  by  the  Legislature  of  fAe  0O&  of  Texas,  aa  follow! 
ACter  the  last  day  of  next;  June,  Assessors  and  Collectors  of  Taxes,  aud  othei 
Receivers  of  ftmu*;  for  t!       tate,  ■■  ■.  i  i  trie,  or  for  counties,  shall  not.  reoeivi 

any  Confederate  no.tea  of  Lh  ue  of  tho  denomination  of  one  hundred 

dollars;  Provided,  however,  that  the  Couufy  Courts  cf  the  several  counties,  n 
order  duly  entered  on  the  minutes  thereof,  either  at  regnlar  or  special  torn! 
may  fix  anjj  other  day  than  the  said  last  day  of  June  after  the  passage  of  thf 
act.  and  before  the  said  Wat  daj  of  June,  alter  which  day  so  fixed,  it  shall  ndi 
be  lawful  for  anji  Assessor  and  Collector  to  receive  said  n>tej  in  payment  a 
any  county  taxes,  and  they  may  also  require  their  Assessors  and  Collectors! 
pay  over  to  the  Count-;  all  such  notes  on  or  before  thai 

All  notes  of  this  den  not  bearing  interest,  and  at  the  dale  aforesaU 

in  vhe  Treasury,  o    I  ig  to  the  Slate,,  shall  be  funded  by  tho  Comptroll! 

according  to  the  provi  ilon  tl  for  by  the  present  or  any  future  law  of  thl 
Confederate  States  of  America  ;  and  the  Governor  is  authorized  to  make  to 
accessary  certified!  i  mine  the  -notes  to  bo  so  funded. 

The  bonds,  obtained  by  such  funding,  shall  be  deposited  ia  the  Treasury  ii 
substitution  for  the  no  I  >d,  and  shall  so  remain  until  otherwise  dl| 

posed  of,  either  by  future  leg  r  by  ea'e,  which  may  be  made  by  a  Co* 

mission,  consisting  of  tuo  Governor,  the  Comptroller,  and  the  Treasurer;  bl 
SUCb  sale  shall  not  be  made  unless  the  Commission  shall  consider  that  it  wouk 
be  advantageous  to  the  Bl  in  which  case  the  Commission  may  exehaujS 

♦,he  whole  or  any  part  of  sail  bonds  for  any  indebtedness  of  the  State  or  fa 
current  treasury  notes  of  the  Confederacy  of  the  new  issues,  to  Bnch  manna 
»is  may  be  deemed  beat  for  the  interest  of  tho  State. 

All 'Confederate  treasury  notes  continued  in  circulation,  or  put  therein  a 
currency,  without  being  subjected  to  any  provision  for  necessary  funding,  bjii 
Jaw  now  or  hereafter  made  by  the  Confederate  Congress,  shall  he  recognized  si 
the  new  is?ue  cf  Confederate  treasury  notes,  in  contradistinction  from  all  Col)1 
federate  treasury  notes,  now  or  hereafter  subjected  to  some  provision  of  Coi 
federate  law  for  necessary  funding,  to  bo  known  as  the  old  issue  of  Confederal 
treasury  notes. 

Sec.  2.  Confederate  treasury  notes,  bearing  interest,  Khali  not  be  receive 
for  taxes  or  other  publie  dues  after  the  last  day  of  next  June  ;  and  all  nud 
notes,  now  or  hereafter  in  the  Treasury,  shall  so  remain,  or  may  be  othervvflf 
disposed  of  as  provided  in  the  first  section  for  the  disposal  of  bonds. 

Sec.  3.  Confederate  treasury  notes  of  the  old  issue,  as  defined"  in  the  fin 
section,  6hall  not  be  receivable  at  par  for  public  dues  after  the  lastMay  of  nel 
June  ;  but  such  notes,  except  those  disposed  of  otherwise  by  the  first  ail 
second  sections,  may  be  thereafter  received  lor  public  dues  until  the  last  da 
of  next  October,  including  that  day,  but  not  longer,  at  the  rate  of  three  flj 
two,  or  one-third  less  than  the  no.ninal  amount ;  and  all  such  notes  now  t 
hereafter  in  the  Treasury,  shall  be  exchanged  for  Confederate  treasury  not* 
of  the  new  issue,  a?  defined  in  the  first  section,  according  to  tho  law  for  sufl 
exchange,  and  the  Comptroller  shall  make  such  exchange  of  these  notes  I 
soon  as  may  be  conveniently  done  after  their  reception  into  the  .Treasury 
provided  such  notes  may  be  paid  by  the  Treasurer  on  any  warrant  cf  ti 
Comptroller  at  said  rate  of  three  for  two,  if  the  creditor  be  willing  so  to  ij1 
oeive  payment 

Sec.  4.  Every  law  heretofore  or  hereafter  providing,  in  general  terms,  f<, 
the  reception  or  disbursement  of  Confederate  treasury  notes,  shall  be  coil 
strued  as  embracing  such  notes  of  the  new  issue,  and  excluding  those  of  tt 
old  issue,  as  defined  in  the  first  section,  and  shall  have  corresponding  effect. 

Sec.  5.  So  far  as  any  existing  law  may  be  incompatible  with  this  act,  sue 


sfteomustent  raw  19  suspended  as  to  the  snojocta  of  ttos  aci,  so  that  ^provi- 
sions may  be  enforced  as  to  its  subjects  without  repealing  tbe  exiting  law  as 
>o  Other  subjects.  , 

8ec  6.  This  act  shall  be  in  force  from  it?  peraaf^i 

Approved  May  27, 1864. 

CHAPTER  VI1L 

AN  ACT  to  punish  unlawful  interference  with  private  property  6r  private  rights. 

Skotion  1.  Be  it  enacted  by  the  Legislature  of  the  Stoic  of  Texas,  That  if  any 
person  or  persons  shall,  without  lawful  authority,  take,  molest  or  disturb,  or 
cause  to  be  taken,  molested  or  disturbed  the  personal  or  movable  property  of 
tny  person  or  persons  in  this  State ;  or  if  any  person  or  persons,  without  law- 
ful authority,  molest  or  disturb  any  person  or  persons,  in  the  free  use  ana  en- 
joyment of  his,  hnr  or  their  personal  or  movable  property,  or  unlawfully 
oauso  any  person  to  be  molested  or  disturbed ;  or  it  any  person  or  persons  shall, 
without  lawful  authority,  prevent  or  prohibit,  or  cause  to  be  prevented  or  pro- 
hibited, any  person  from  lawfully  transporting,  or  exporting,  or  disposing  of 
his,  beror  their  personal  or  movable  property,  by  threats,  force,  exaction,  or 
any  other  means  whatever  ;  or  if  any  person  or  persons  shall,  under  the  sem- 
blance of  legal  order,  or  authority,  unlawfully  take,  molest  or  disturb  the  per- 
se al  or  movable  property  of  any  person  or  persons,  or  by  any  means  whatever 
ir>crfere  with,  or  cause  to  be  interfered  with,  the  free  use,  transportation,  expor- 
tation or  disposition  of  tho  same,  or  shall,  in  the  exercise  of  lawful  authority, 
Kit.  unlawfully  or  oppressively  towards  the  owner  thereof :  he.  she  pv  they,  thus 
offending,  and  every  person  in  so  offending,  shall  be  deemed  guilty  of  an  of- 
fence, and,  upon  conviction,  shall  be  find  in  any  sum  not  less  than  one  hundred 
dollars,  or  by  imprisonment  in  the  County  Jail  not  longer  than  twelve  months, 
or  by  oonfinemont  at  hard  labor  in  the  Penitentiary  for  any  terra  not  less  than 
two  years,  or  by  fine  and  imprisonment  as  aforesaid,  at  the  discretion  of  tho 
Jury. 

Sec.  2.  If  any  person  shall  violate  any  provision  of  the  first  section  of  this 
act,  under  the  false  pretense  of  acting  under  orders  from  lawful  authority, 
when,  iu  fact,  he  has  no  such  orders,  it  shall  be  deemed  an  aggravation  of  the 
offence,  and  punished  by  fine  of  not  loss  than  two  hundred  dollars,  and  by  con- 
finement, at  hard  labor,  in  the  Penitentiary  not  less  than  four  years,  or  by  fine 
vxd  imprisonment  as  aforesaid,  at  the  discretion  of  the  Jurv- 

Approved  May  28tb,  1864. 

CHAPTER  IX 

AN  ACT  making  an  appropriation  to  med  any  deficiency  that  may  acoruewt  the 

appropriation  to  pay  the.  expenses  of  Vie  ComptroUer,s  ikpartm&it  for  Ike  years 

1864  and  1865. 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State  of  Texas,  That  the 
fum  of  five  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be  and 
is  hereby  appropriated  to  meet  any  deficiency  that  may  accrue  in  the  appropri- 
tlon  made  for  paying  the  expenses  of  the  Comptroller's  Department  for  the 
years  1864  and  1865. 

Skc.  2.    This  act  to  take  effect  and  bo  in  force  from  and  after  its  passage. 

Approved  May  28th,  1864. 

CHAPTER  A. 

AN  ACT,  supplemental  u>.  and  amendatory  of  "Art  Act  to  adont  ard  establish  a 
Penal  Code.  » 

Skctiom  I.  Beit  enaded  by  the  legislature  of  the  State  of  Texas,  That  the 
wst  abovo  roeited  be  amended  by  adding  tho  following  articlo  to  tbo  same,  to- 


8 

srift:  "  Article  348.  A.— If  any  officer  of  the  law  shall  wilfully  or 
Ml  *o  perform  any  duty  imposed  on  him  by  the  Penal  Code,  or  Code  of 
sal  Procedure,  be  shall,  when  the  act  or  omission  is  not  otherwise  defined,  be 
deemed  guilty  of  a  misdemeanor,  and  punished  as  prescribed  in  Article  349  of 
Una  Code." 
Approved  May  28tb,  1864. 

CHAPTER  XI. 

AN  ACT  to  amend  the  third  section  of  "An  Act  to  provide  for  the  support  of  the 

Families  and  Dependents  of  Texas  Soldiers."     Approved  December  lbVt,  1863. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  as  follows, 
to-wit :  That  the  third  section  of  the  above  recited  act  be  amended  so  as  to 
Tead  as  follows,  to-wit : 

"  Sec.  3.  It  shall  be  the  duty  of  the  Comptroller  of  the  State,  immediately 
after  the  passage  of  this  act,  to  forward  to  the  Chief  Justice  of  each  county  in 
the  State  a  copy  of  this  act,  with  such  instructions  and  forms  as  may  be  neces- 
'  eary  to  carry  its  provisions  into  effect,  and  the  Chief  Justices  shall  immediately 
upon  the  receipt  of  the  same,  ascertain,  or  cause  to  be  ascertained,  in  such 
manner  as  they  may  deem  best,  the  number  of  indigent  persons  in  their  re- 
spective counties  entitled  to  relief  under  this  act,  and  shall  make  an  accurate 
return  of  the  same  to  the  Comptroller's  office,  on  or  before  the  first  day  of  'Sep- 
tember, 18C4,  and  a  like  return  shall  be  made,  by  them  on  or  before  the  Sret 
day  of  March,  1865,  which  return  shall  be  made  officially,  by  the  Chief  Justices 
or  County  Commissioners  (when  the  Chief  Justices  fail,  refuse  or  neglect  to 
•act,)  and  they  shall  certify  that  the  return  is  a  just,  true  and  correct  return  of  all 
the  dependents  of  Texas  officers  and  soldiers,  entitled  to  relief  under  this  att, 
who  are  indigent  and  supported  in  whole  or  in  part  by  the  County  Court,  and 
that  only  such  are  therein  returned,  which  certificates  shall  be  signed  by  the  of- 
ficer or  officers  making  the  same  and  attested  by  the  seal  of  the  Court,  and 
shall  be  considered  as  under  oath." 

Sec.  2.  That  all  laws  and  parts  of  laws,  in  conflict  with  this  act,  be  re- 
pealed, and  this  Act  take  effect  from  its  passage. 

Approved  May  28tb,  1854. 

CHAPTER  Xn. 

AN  ACT  to  furnish  the  Reporter  of  the  Decisions  of  the  Supreme  Court  SUf- 

tionery. 

Section  1.  Be  it  enacted  by  Vie  Legislature  of  the  State  of  Texas,  That  the 
Military  Board  of  this  State  be  authorized  and  required  to  furnish  tie  Reporter 
of  the  Decisions  of  the  Supreme  Court  with  the  stationery  necessary  to  enable 
him  to  prepare  the  Decisions  of  said  Court  for  publication. 

Sec  2.    That  this  act  take  effect  from  and  after  its  passage. 

Approved  May  28th,  1864. 

CHAPTER  XHl. 

AN  ACT  to  authorize  the  Governor  to  appoint  certain  officers  to  represent  the  in- 
terests of  the  State,  and  of  the  citizens  and  soldiers  of  the  State,  «5  Vie  Bead  Quar- 
ters of  the  Trans-Mssissippi  Department,  and  at  the  Head  Quaitsrsof  the  District 
of  Texas,  New  Mexico  and  Arizona. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Governor  is  authorized  to  appoint  two  persons,  whose  duty  it  shall  be  to 
ieep  the  Governor  advised  of  all  matters  of  importance  pertaining  to  the  in- 
terests of  the  State,  that  may  occur  at  the  Head  Quarters  of  the  Trans-Missis- 
sippi Department  and  at  the  Head  Quarters  of  the  District  of  Texas,  New  Mex- 


1m  and  Arizona  j  uia  to  take  in  charge  and  represent  the  interest  of  the  Sol- 
diers and  Citizens  of  Texas,  having  business  at  said  Head  Quarters. 

flfec.  2.  That  the  persons  00  appointed  shall  have  the  rank  and  pay  of  Colo- 
nels of  cavalry  in  the  Confederate  States  service,  and  shall  be  paid  out  of  the 
appropriation  made  for  tLe  defence  of  the  State  by  the  Tenth  Legislature. 

Sac.  3.    This  act  to  be  ic  force  from  and  after  its  passage. 

Approved  May  28th,  1864. 

CHAPTER  XIV. 
AS  ACT  further  to  provide  the  manner  of  proving  a  written  will. 

Sbotid.n  1.  Beit  eroictcd  by  the  Legislature  of  the  State  of  Texas,  That  where 
(he  subscribing  witnesses  to  a  will  are  in  the  army,  and  beyond  the  limits  oi 
the  State,  said  will  may  bo  probated,  on  proof,  by  two  witnesses  of  the  hand 
writing  of  the  subscribing  witnesses  to  said  will,  and  also  of  the  testator  if  he 
was  able  to  write  ;  which  proof  may  be  either  by  affidavit  taken  in  open  Court, 
and  subscribed  by  the  witness,  or  by  deposition,  and  this  act  shall  take  effect 
from  its  passage. 

Approved  May  28th,  1864. 

•  /UAPTER  XV. 

AN  ACT  making  an  appropriation  to  pay  for  Stationary  and  Lighting  Material* 
purchased  for  the  lOUi  Legislature. 

Section.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  five  hundred  dollars  in  specie,  or  so  much  thereof  as  may  be  necessary, 
be,  and  the  same  is  hereby  appropriated,  to  pay  for  stationery  and  lighting 
material  purchased  for  the  use  of  the  Tenth  Legislature  by  Maj.  S.  Hart,  said 
money  to  be  paid  on  the  presentation  of  the  claim  approved  by  the  Secre- 
tary of  State,  Provided,  that  this  appropriation  may  be  paid  out  of  any  money 
subject  to  the  control  of  the  Governor  or  Military  Board  for  any  other  pur- 
pose. 

Sec.  2.  Thai  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  May  28th,  1864. 

CHAPTER  XVI. 

AM  ACT  amending  '•-■in  Ad  authorizing  the  Comptroller  of  the  State  to  receive  from 
Railroad  Companies  in  this  State  the  interest  that  may  now  be  elue,  or  hcreifier 
teceme  due  on  their  Bonds.'' 

Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 

Srovieions  of  the  Act,  of  which  this  is  amendatory,  shall  not  apply  to  Railroad 
ompanies  that  fail  or  refuse  to  receive  State  Bonds  or  State  Treasury  War- 
rants at  par  for  freight  or  passage,  at  the  prices  or  rates  established  by  law. 

Sec.  2.  That  whenever  satisfactory  evidence  is  produced  or  furnished  to  the 
Comptroller  of  the  State  that  any  Railroad  Company  has  failed  or  refused  to 
receive  the  State  Bonds  or  State  Treasury  Warrants  at  par,  lor  freights  cr 
passage,  at  the  rates  established  by  law,  ho  is  required  to  refuse  to  receivo  the 
State  Bonds  or  Treasury  Warrants  for  the  interest  due  by  said  Railroad  upon 
its  Bond. 

Sbc.  3.  That  the  President  of  any  Railroad  in  this  Stato  be,  and  is  hereby 
required  to  post  in  a  conspicuous  place  in  the  Railroad  offices,  and  in  the 
passenger  cars,  the  provisions  and  terms  of  this  act,  under  a  penalty  of  one 
hundred  dollars,  to  bo  recovered  for  the  benefit  of  the  State,  by  suit  before  any 
Court  of  competent  jurisdiction  upon  the  information  of  any  party. 


to 

Sao.  4.  Tltftt  aJl  laws  or  parts  el  k*wa  eo»tilotln,g  with  thia  act,  be,  and  tbe 
jaoio  are  hervby  rvpe«Je<i,  rM  tftftt  this  a<^  fc%i?«  effect  from  arxl  ailer  its 
passage. 

Approved  May  28th.  WM 

CHAPTE  -    S  VIL 

/I2f  .<4CT  to  »not!ce  on  additional  appropriation  far  ihe  support  of  the  Lunatic 
Asylum  for  the  years  1864  ami  J  Sti-'r. 

Sbction  1.    Bi  it  tnae'.ed  by  the  -  ;   0/  the  Slate  of  Texas,   That  in 

addition  to  t!i«  unexpended  balance  of  the  appropriation  mule  at  the  last  regu- 
lar session  of  the  10th  Legislatn  '  support  <nf  the  Lunatic  Asylum  for 
the  years  1864  and  1866,  the  further  sum  tndred  and  fifty  thousand 
dollars,  or  So  much  thereof  -as  may.  be  necessary,  be,  end  the  same  is  hereby, 
appropriated  for  the  Support  of  Raid  Asylum  for  the  year*  1834  and  1 80,5. 

Approved  May  Sftji,  1864 

SB  XV lit 
AAT  /1CT  (0  re<yu^o<'<s  tlie  disposal  of  unappropriated  Speeie. 

Suction-  I.  Be  it  matted  by  the  Legislature  of  the  State  of  Tarns,  aa  follows : 
Any  unappropriated  speoh?  that  may  be  in  the  Tiotaury,  from  time  to  time,  on 
any  account,  shall  not  be  paid  nor  withdrawn  therefrom,  except  by  specific 
appropriations  therefor ;  and  sion  is  explanatory   r:f  law«  making 

general  appropriations. 

Siso.  2    This  act  shall  be  in  fore*-  from  its  pawwgc 

Approved  May  28th,  1864 

CHAPTER  XiX. 

AN  ACT  to  regulate  the  manner  of  liquidating  eiairnn  for  payment  under  appro- 
priations made  by  the  Legislature. 

Section  i.  Be  it  enacted  by  the  legislature  of  ike  State  of  Texas,  as  follows : 
For  liquid iti.!g  the  appropriations  which  have  been  or  may  be  made  by  the 
Tenth  Legislature  of  the  State,  for  support  during  the  years  1864  and  I8C5,  of 
the  civil  departments  of  tlio  Government  cf  the  State,  and  of  families  and  other 
dependents  of  Texan  officers  and  soldiers  in  military  service  of  the  State,  and 
of  the  Confederate  State  (  of  America,  8nd  for  payment  of  the  Adjutant  and 
Inspector  General,  and  the  Qu.irtermaeter,  and  all  employeos  of  their  Depart- 
ments, and  for  the  payment  of  the  superintendent  and  employees  of  all  pub- 
lic officer  and  works  conducted  by  the  State,  and  for  the  general  support  of  the 
public  asylums;  tha  Comptroller  shall  draw  Warrants  on  the  Treasurer  as 
"prescribed  by  "An  Act  to  repeal  an  Actautborizing  unpaid  Warrants  to  draw 
interest,  approved  February  14,  1860,  and  otherwise  to  regulate  the  issuance 
of  Treasury  Warrants,  approved  January  10,  1862,  for  want  of  appropiiate 
funds  for  payment. 

Skc.  2.  Far  liquidating  appropriations  in  general,  except?  those  specified  in 
the  first  section,  and  those  specially  providing  for  payment  in  sp"c'e  ihe  comp- 
troller  shall  draw  Warrants  on  the  Treasurer,  payable  in  Confederate  treasury 
notes  of  the  new  issue  ;  Provided,  when  there  s-hall  not  be  such  notes  in  the 
Treasury,  such  Warrants  may  be  paid  in  Confedent  J  Treasury  notes  of  the 
old  issue,  at  the  rate  of  three  dollars  for  two,  or  in  bank  cote*  at  par,  if  the 
payee  be  willing  so  to  receive  payment. 

Skc.  3.  In  the  same  manner,  and  to  the  same  extent  that  Treasury*  War- 
rants in  general  may  be  receivable  for  public  dues,  under  lawj  now  or  here- 


11 

i/ter  providing  therefor,  the  Treasury  Warrants  td  be  Issued  under  thy  first 
section  of  this  act,  shall  bo  receivable  for  all  public  does,  except  those  paya- 
ble in  specie  by  special  provision  of  law  ;  and  in  addition,  after  twelve  months 
from  ratification  of  a  treaty  of  peace  between  the  Confederate  StaWe  of  Amer- 
ica and  the  United  States  of  America,  these  Warrant*  may  bo  funded  in  Bond;; 
of  the  8ta'e,  bearing  into  eat.  at  the  tae  of  six  per  centum  per  aunum.  to  be 
paid  semi-annual'y,  the  interest  and  principal  of  the  Bonds  being  payable  in 
specie  ;  but  no  Bonds  shall  be.  tatted,  nor  tax  amassed  for  the  payment  of 
interest  or  principal  thereof,  until  the  expiration  of  the  term  aforesaid. 

Sec.  4.     Whenever  there  Bhall  be  a  Bui  plu  i  o1  Bpocie  in  xbe  Treasury,  beyond 
rpocial  appropriations  for  BUph  fund  general 

purposes,  or  lor  the  purpose  specified  la  this  s<  ctiori,  to  the  amount  of  thirty 
thousand  dollars,  the  Governor  shall  cause  the  same  to  be  applied' to  the  pur- 

iry  Warrants,  issued  iisdcr  the  first  section  of  this  act,  al 
lowest  prices  cflcrcd,  after  advertisement  for  bids  for  six  consecutive  weeks  in 
B  three  newspapers  in  t]  published   at  different  places,  and  having 

!afge  circulation. 

Hec.  5.    So  far  as  any  exist  tible  with  this  acl 

i&Bisient  law  is  suspended  as  to  the  subjects  of  this  act,  bo  that  ils  provi- 
i  may  be  enforced  as  to  its  si  Ithout  repealing  the  existing  law  as 

*o  other  subjects. 

Snc.  (i.    Ihis  act  shall  be  in  force  from  its  passa 

\t.pi-.  red  Vny  2Sih,  1864 


CHAPTER  XX. 

■IN  ACT  to  appropriate  portions  of  the   Specie    F\indt  that  have  been  or  may  be 
received  from  sales  of  Cotton  belonging  to  the  State. 

Suction  1.  Be  il  enacted  by  the  Legislature  of  Uw  State  of  Texas,  That  in  case 
there  ismtsiifficientspecio  funds  iu  the  Treasury,  accruing  trom  sources  uowpro- 
vided  by  law,  to  pay  the  interest  on  the  Public  Debt  of  tho  State,  from  time  to 
time,  when  said  Interest  bee  'tnea  due,  the  Governor  is  authorized  and  required 
to  use  for  the  payment  of  said  interest,  such  specie  funds  a3  he  may  have  under 
hie  control,  belonging  to  tho  State,  accruing  from  the  sale  of  State  cotton,,  or 
otherwise,  and  required  to  t  ike  such  steps  and  adopt  such  measure  s  as  will 
secure  the  payment  of  said  interest  promptly,  as  it  becomes  due. 

Sac.  2.  That  after  retaining  in  the  Treasury  a  sufficient  amount  of  specie, 
arising  from  the  sale  of  cotton  belonging  to  the  State,  to  pay  the  interest  on 
the  Bonds  of  the  State  outstanding,  from  time  to  time,  as  it  accrues,  the  re- 
mainder of  the  specie  so  acquired  shall  be  applied  to  the  purchase  and  liqui- 
dation of  the  Treasury  Warrants  of  the  State,  authorized  to  be  issued  by  the 
present  session  of  the  10th  Legislature,  except  so  muoh  as  may  be  necessary 
to  purchase  arms  and  ammunition  for  the  frontier  organization  ;  and  all  laws 
and  parts  of  laws  conflicting  with  this  act  be,  and  the  same  are  hereby 
repealed. 

Sue  3.     This  act  to  take  effect  from  and  ofVr  it*  passage. 

Approved  Mav  28th,  1864 


CHAPTER  XXI 

AN  ACT  making  an  appropriation  for  the  Mileage  and  Per  Dkm  Fay  of  the 
Members  and  the  Per  them  Pay  of  the  Officers  of  the  Extra  Session  of  tiie  Tenth 
Legislature  of  the  State  of  Texas. 

Section  1.     Be  it  enacted  by  the  lyegislature  of  the  State  of  Texas,  That  the 
mm  of  fifty  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be,  aud 


12 

Uje  eame  is  hereby  appropriated,  out  of  any  money  in  Hie  Treasury  not  other- 
wise appropriated,  for  the  mileage  and  per  diem  pay  of  the  members,  and  the 
per  diem  pay  of  the  officers,  of  the  extra  session  of  the  Tenth  Legislature. 

Seo.  2.  That  the  certificate  of  the  Secretary  of  the  Senate,  and  the  certifi- 
cate of  the  Chief  Clerk  of  the  House,  shall  be  sufficient  evidence  to  the  Comp- 
troller, upon  which  he  shall  audit  the  claims  and  draw  his  warrants  upon  tbe 
Treasury  for  the  respective  amounts. 

Sec.  3.    This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  May  28th,  1864. 

CHAPTER  XXII. 

AN  ACT  to  transfer  the  State  Troops  to  tlic  Confederate  States,  service,  and  to  re- 
peal an  Act  entitled  "  An  Act  to  provide  for  the  defense  of  the  State,"  approved 
December  lGth,  1863. 

Section  1.  Beit  enacted  by  the  Legislature  of  the  State  of  Texas,  That  an  act 
entitled  "  an  act  to  provide  for  the  defence  of  the  State,"  approved  December 
16th,  18C3,  be  and  the  same  is  hereby  repealed,  and  that  the  State  troops,  or- 
ganized under  said  act  be,  and  the  same  are  hereby  transferred  to  the  military 
service  of  the  Confederate  States,  to  be  organized  in  accordance  with  the  laws 
of  Congress  ;  provided,  that  nothing  herein  contained  shall  be  so  construed  as 
to  turn  over  to  the  Confederate  military  authorities  any  officer  of  the  State 
Government  or  other  person  not  subject  to  conscription  under  the  laws  of 
Congress. 

Sec.  2.    That  this  act  take  effect  from  its  passage. 

Approved  May  28th,  1SG4. 

CHAPTER  XXHI. 

AN  ACT  to  relinquish  the  right  of  the  State  to  forty-seven  hundred  dollars,  now 
in  the  hands  of  Colonel  J.  E.  McCord,  commanding  the  Frontier  Begiment, 
the  proceeds  of  sales  of  property,  captured  by  said  regiment  from  Indians  while 
in  the  State  service,  and  authorizing  the  said  McCord  to  hold  said  money  as  a 
hospital  fund  for  said  regiment. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
State  of  Texas  hereby  relinquishes  all  right  and  claim  to  the  money,  amounting 
to  forty-seven  hundred  dollars,  the  proceeds  of  the  sale  of  property,  captured 
by  the  Frontier  Regiment  from  the  Indians,  while  ia  the  service  of  the  State, 
and  that  Col.  James  E.  McCord,  commanding  said  regiment,  be,  and  he  is  hereby 
authorized  to  hold  said  money  as  a  hospital  fund  for  said  regiment. 
Sec.  2.  That  this  act  take  effect  from  its  passage. 
Approved  May  28th,  1864. 

CHAPTER  XXIV. 

AN  .ACT  to  define  and  punish  the  unlawful  interference  with  the  exportation  and 
transportation  of  Cotton,  or  other  articles,  and  ■  the  unlawful  impressment  of 
property. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  if  any 
person  or  persons  within  this  State,  in  any  manner  not  sanctioned  by  a  law  of 
the  Confederato  Congress,  shall  establish,  or  attempt  to  establish,  any  restric- 
tions, or  impose  any  tax  or  duty  upon  the  exportation  or  transportation  of 
cotton,  or  other  article,  from  the  State  of  Texas,  or  shall  unlawfully  issue,  pur- 
chase or  sell  any  paper  or  instrument  of  writing,  known  aa  a  permit  to  export 
cotton,  shall  be  deemed  guilty  of  an  offence,  and,  upon  conviction  thereof,  shall 
be  punished  by  fine,  in  any  sum  not  exceeding  the  value  of  the  cotton  or  other 


13 

article  so  taxed,  or  embraced  in  each  permit,  or  by  confinement  in  the  County 
jail,  not  exceeding  one  year  :  Provided,  that  partiee  who  have,  in  good  faith, 
purchased  exemptions  for  the-  transportation  of  cotton,  and  turned  over  to 
the  miltary  authorities  of  the  Trans-Mississippi  Department  a  portion  of  their 
cotton,  to  secure  the  same,  where  the  same  has  been  done  previous  to  this  act, 
Khali  not  bo  held  liable  to  the  pains  and  penalties  herein  contained,  for  the 
use  of  the  6aid  permits,  in  conformity  with  the  contract  under  which  they 
were  granted. 

Sec.  2.  If  any  person  or  persons  shall  in  any  manner,  not  sanctioned  by 
law,  impress  or  attempt  to  impress  any  property  within  the  State  of  Texas, 
for  any  purpose  whatever,  or  shall  aid,  assist,  encourage,  order  or  abet  any 
person  or  persons  so  to  do  ;  or  having  impressed  any  property,  ehail  fail  or  re  - 
(use  to  pay  a  just  compensation  for  the  same,  or  give  such  evidence  of  the  im- 
pressment as  required  by  law,  such  person  or  persons  shall  be  deemed  guilty 
of  an  offenco,  and,  on  conviction  thereof,  shall  be  punished  by  fine,  not  ex- 
ceeding double  the  value  of  the  property,  and  by  confinement 'in  the  County 
Jail  for  a  poriod  not  exceeding  one  year,  at  the  discretion  of  the  Jury.  And 
it  shall  be  the  duty  of  the  Judges  of  the  District  Courts  to  give  this  act  spe 
daily  in  charge  to  the  Grand  Jury. 

Sec.  3.  Prosecutions  for  offences,  committed  under  this  act,  may  be  com- 
menced in  any  county  in  which  the  offender  is  found,  or  in  which  such  tax  or 
restrictions  are  enforced,  or  attempted  to  be  enforced.  • 

Skc.  4.  That  in  addition  to  the  penalty  imposed  in  the  first  section  of  this 
act,  any  person  or  persons,  guilty  of  the  offence  therein  defined,  shall  be  liable 
to  a  civil  actisn  for  damages,  by  any  person  affected  thereby,  to  be  prosecnted 
in  any  county  where  the  plaintiff  may  reside,  or  If  a  non-resident  plaintiff,  in 
any  county  where  the  offence  was  committed,  or  the  damage  eustained. 

Approved  May  31st,  1864. 


•     CHAPTER  XXV. 

AN  ACT,  supplementary  to  '-An  Act  to  provide  for  the  protection  of  the  Frontier, 
and  turning  over  the  Frontier  Regiment  to  the  Confederate  States  service.'''  Ap 
proved  December  15<A,  1863. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Governor  of  the  State  6hall  cause  to  be  enrolled  into'  the  companies  already 
organized  within  the  Frontier  Districts,  all  persons  between  the  age?  of  seven 
teen  and  eighteen  years  of  age. 

Sec.  2.  That  should  the  Confederate  military  authorities  authorize  the 
withdrawal  of  tho  reserve  corps  from  field  and  camps,  and  the  persons  in  the 
State  composing  the  reserve  corps,  bo  allowed  by  such  authority  to  return  to 
their  homes,  either  permanently  or  temporarily,  the  Governor  shall  direct  the 
same  course  to  be  pursued  towards  persons  of  like  age  in  the  frontier  organisa- 
tion ;  provided,  such  persons  shall  hold  themselves  in  readiness  to  repair  to 
their  respective  companies  when  ordered. 

Sm  3.  That,  in  each  one  of  the  Frontier  Districts  there  shall  be  or- 
ganized, under  the  direction  of  the  Governor,  a  provost  guard,  to  consist  of  not 
exceeding  two  companies  of  sixty-four  men  each,  rank  and  file,  for  constant 
duty.  That  the  companies  so  organized,  shall  bo  armed  by  the  State,  and  shall 
be  placed  on  tho  same  footing  as  to  pay,  rations  and  everything  else  as  Con- 
federate States  troops. 

Sec.  4.  That  tho  pay  of  the  officers  and  privates  of  this  organization, 
except  that  of  the  provost  guards,  while  engaged  in  actual  service,  shall  be 
the  same  as  provided  for  in  the  act  to  which  t  lis  act  is  supplementary. 

Sec  T»     That  fractkm*  of    companies  of  1     l    than  twenty-five    men  may- 


u 

be  attached  to  and  become  parts  of  compauieo  hereafter  organised,  and  mo 
much  of  the  act,  to  which  thiB  is  supplemental,  as  rastricta  companies  to  sixty- 
fonr  xnon  rank  and  file,  is  hereby  repealed. 

Sec.  6.  That  the  Governor  cause  to  be  furnished  to  the  commanding 
officers  of  the  Frontier  Districts  such  stationery,  camp  and  garrison  equipage 
and  transportation  as  may  bo  actually  necessary. 

Sec.  7.  That  in  addition  to  the  oath  heretofore  required,  the  office:.-1 
and  men  of  this  organization  shall  swear  allegiance  to  the  Confederate  and  Stot^ 
Governments,  to  obey  the  Constitutions  and  laws  thereof,  and  to  obey  the  urdere 
of  their  superior  officers. 

Sec.  8.  That  in  the  event  of  an  invasion,  by  the  enemy,  of  any  par; 
ot  the  frontier  or  of  any  portion  of  the  State  contiguous  thereto,  the  Governor 
shall  have  authority  to  order  out  the  entire  force  of  this  organization  or 
any  part  thereof,  for  such  length  of  time  as  he  may  judge  necessary,  to  aid  in 
repelling  such  invasion.  In  the  event  any  such  contingency  should  occur,  and 
extraordinary  expenditure  be  incurred,  ttio  same  shall  be  paid  out  of  the  gen- 
eral appropriation  made  by  First  Session  of  the  Tenth  Legislature  for  the 
defence  of  the  State. 

Sec.  9.  That  whenever  the  Governor  deems  it  proper,  ho  .shall  assign 
to  duly  within  the  limits  of  the  Frontier  District  Bnch  of  the  State  Brigadzer- 
Gencmls  as  may  be  necessary,  to  make  more  efficient  the  frontier  organization. 
When  at ym such  officer  is  eo assigned  to  duty,  ho  shall  make  his  Headquarters 
within  the  "limits  of  his  command,  at  such  point  as  will  keep  htm  in  diiect 
commnnicatiiin  with  all  the  foices  of  the  frontier.    • 

Si.c.   10.    This   act  shall  be  in  force  Irom  its  piSiag* 

Approved  May  3lst,  1&C4 


JOINT    RESOLUTIONS. 


CHAPTER  1 

JOINT  RESOLUTION  %n  regard  to  0*  manufacture  of  Sail 

WnauKAS,  th»  Conscript  Bureau  of  Ib's  Department  has  tl ceded  that  Sail 
maker;',  between  thengesof  c:ghtecn  and  fortj-f»ve  years  of  nge,  arc  not  entitled 
to  details,  under  the  opera1  iorn  of  the  recent  Acts  of  Congress  : 

1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas,  That  Qcn.  B.  Kirbj 
Smith,  commanding  the  Tratis-Micsissippi  Bvpar.ment,  bo  requested  to  grant 
details  in  the  StatJ  of  Texa*,  of  such  persons  liable  fo  con.-cription,  ttB  may 
be  now,  or  hereafter,  engaged  as  superintendents  iu  the  maoufac'ure  ot  Salt, 
to  the  extent  of  twenty  bushels  per  day. 

2.  Resolved,  That  tto  Governor  is  hereby  requested  to  furnish  Qen.  Smith 
with  a  ci.py  of  this  resolution 

Approved  May  2Jtb,  18ti4  , 

CHAPTER  II. 
JOINT  RESOLUTION. 

Resolved  by  the  legislature  of  the  State  cf  Teras:  1st.  That  so  econ  as  tho 
Governor  has  assurances  from  Gen.  Smith  of  the  frontier  organization  of  this 
State  remaining  undisturbed,  it  sLal  bo  lis  duty  to  cauto  all  persons  within 
the  Frontier  D.strict,  between  tuo  ages  of  eighteen  and  forty-five  years,  who 
were  not  residents  of  Baid  district,  prior  to  July,  cightc<  n  hundred  and  Bixly- 
threc.  to  be  immediately  turned  over  to  the  marcs t  Confederate  military  au- 
thority. 

2d.  That  t'ic  Governor  issue  his  proclamation  forbidding  tho  immigration 
to,  and  settlement  in,  any  of  the  unorgauizod  counties  of  this  State ;  aod 
after  such  proclamation,  any  persons  so  offending,  during  the  present  war  with 
tl  o  United  States,  shall  become  liable  to  conscription  ;  and  it  Bhall  be  the  duty 
of  the  officers  of  tho  frontier  organisation  to  arrest  such  persons,  and  turn  them 
over  to  tho  Confederate  States  military  authorities. 

3d.  That  the  Governor  be  required  to  take  immediate  steps  to  lay  before 
Gen.  R.  Kirby  Smith  tho  late  orders  of  the  officers  of  the  Bureau  of  Conscrip- 
tion, in  regard  to  the  onrellmcat  and  conscription  of  the  frontier  organization  \ 
and  to  ask  of  Gen.  Smith  flat  the  s-dd  organization  be  left  under  the  control 
and  management  of  the  State  authorities  ;  aud,  further,  to  request  that  all  or- 
ders heretofore  issued  by  the  officers  of  conscription,  in  regard  to  the  con- 
scription of  this  organization,  be  withdrawn. 

4ih.  That  tho  Governor  make  such  arrangements  with  Qen.  Smith  as  he 
may  be  able  to  do,  for  the  payment,  pubsistenoe,  &c,  of  tho  frontier  orpaniza- 
tioo,  provided  the  forcesso  organized  are  not  to  bo  withdrawn  from  the  coLt.ol 
of  the  Governor,  and  the  officers  apppoinled  by  him. 

6th.  That  the  Governor  be  suthor'eed  to  make  such  othnr  f  rrr.Dgrin?nt8 
with  Gen.  Smith  as  will  ensure  (he  harmonious  sad  euci£e.ic  acton  01  tit 


16 

Confederate  military  authorities  and  the  officers  ft  MM  frontier  orgmlzatioo , 
whenever  it  may  be  i_3Ct  «ary  for  the  i  to  act  in  conj*>c'on 
Approved  May  24th.  1864. 

CHAPTER  III. 
JOINT    RESOLUTION. 

Wherka.8,  information  has  been  received  of  the  destitute  condition  of  many 
of  our  wounded  and  tick  soldiers,  citizens  of  Texas,  now  in  the  army  in  Ar 
kansas  and  Louisiana  :    Therefore, 

1.  Beit  resolved  bu  the  Legislature  of  the  State  of  Tax.es,  That  the  Gov 
ernor  is  hereby  authorized  to  send  a  commissioner  to  each  of  the  above- 
named  States,  with  funds  for  the  relief  of  all  destitute,  sick  and  wounded  sol- 
diers from  Texas,  now  in  the  Confederate  army,  in  the  above  named  States. 

2d.  The  Governor  is  hereby  authorized  to  use  such  amount  as  may  be 
necessary  lor  the  object  to  be  attained  by  these  resolutions,  of  the  fund  hereto 
rore  appropriated  as  the  hospital  fund. 

3d.  The  commissioners,  appointed  by  the.-e  resolutions,  may  not  only  be 
required  to  offer  material  aid  to  the  said  sick  and  wounded  while  in  hospital, 
but  may  bo  authorized,  in  all  pro:>'  I  -insportation  to  them  to 

:  heir  respective  homes.  % 

Approved  Maj  2fiib 

CHAPTER  IV. 

JOINT  RESOLUTIONS  concerning  the  Acts  of  the  Confederate    Congress,  to 
regulate  impressments,  and  abuses  under  the  same. 

kjt.  Be  it  resolved  by  the  Legislature  of  tlte  State  of  Texas,  That  the  Constitu 
tion  of  the  Confederate  States,  having  provided  that  "  private  property  shall 
not  be  taken  for  public  use.  without  just  compensation,"  and  the  Constitution 
of  this  State  having  provided,  that  "  no  property  shall  be  taken  or  applied  to 
public  use,  without  adequate  compensation,"  it  is  believed  by  this  Legisla- 
ture, that  the  Congress  of  the  Confederate  States  could  not  have  intended,  la 
the  enactment  of  the  acts,  to  regulate  impressments,  to  cause  to  be  paid  to  in 
■lividuals,  loss  than  the  fair  and  current  market  value  of  their  property,  3eized 
."or  the  use  of  the  Government. 

2d.  That  the  valuation  of  property  so  seized,  should  be  in  the  currency  in 
»vhich  payment  is  made,  and  ought  to  be  controlled  by  the  fair  value  of  the 
article  seized,  in  the  local  market  where  the  seizure  ia  made. 

3d.  That  the  schedule  of  prices,  heretofore  published  in  this  State,  are  noto- 
riously below  the  market  value  of  the  article*  set  forth  in  such  schedules,  and 
compensation  for  the  same,  at  those  rates,  is  neither  just  or  adequate. 

4th.  That  the  uniform  appraisement  of  every  article,  at  the  same  price  in 
every  part  of  this  State,  or  in  districts  of  the  State,  thus  disregarding  the  coat 
and  consequent  increased  value  which  transportation  adds  to  commodities,  w 
manifestly  unjust. 

5th.  That  the  first  section  of  the  original  "Act  to  regulate  impressments,*' 
authorized  impressments  of  "  forage,  articles  of  subsistence,  or  other  property," 
only  when  such  articles  aro  "  absolutely  Decessary  for  the  exigences  of  the 
army  in  the  field."  and  the  seventh  section  of  said  act,  exempted  from  im' 
preesment,  all  "  property  necessary  for  the  support  of  the  owner  and  his  family- 
and  to  carry  on  his  ordinary  agricultural  and  mechanical  business,"  yet  theee 
plain  requirements  cf  the  law  have  been  frequently  and  grievously  violated  by 
persons  acting  under  color  of  authority  of  the  Confederate  States,  as  this 
Legislature  is  well  informed. 

6th.    That  in  some  sections  of  our  country  there  is  a  great  scarcity  of  bread 


IT 

dtuflo,  and  other  family  necessaries,  and  when  efforts  hare  been  made  to  traaa 
port  such  articles,  to  supply  such  needful  wants  of  our  people,  the  teams  aa  d 
supplies  have  been  unwarrantably  impressed.    This  practice  should  be  forbid 
den  by  positive  law,  or  an  imperative  order  fr©m  officers  having  the  authority 
to  correct  the  evil. 

7th.  That  the  Governor  communicate  these  resolutions  to  the  Confederate 
authorities. 

Approved  May  27th.  1864. 

CHAPTER  V 

JOINT   RESOLUTIONS. 

1st.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas,  That  no  officer  of  a 
sovereign  State  can  be  placed  in  the  military  service  of  the  Confederate  States, 
without  his  consent ;  that  the  claim  of  a  right  in  Congress  to  conscribe  certain 
classes  of  officers,  is  contrary  to  the  theory  of  our  Government,  and  if  til 
lowed  will  render  the  term  of  all  officers  subject  to  the  action  of  Congress, 
and  State  officers  will  exercise  their  functions  at  the  will  and  pleasure  of  Con- 
gress, and  not  under  the  Constitution  and  laws  of  their  State. 

2d.    That,  the  Governor  of  the  State  be  and  he  is  hereby  authorized  and  re- 
quested to  issue  his  proclamation,  in  accordance  with  the  foregoing  resolution, 
declaring  that  all  civil  officers,  elected  or  appointed  in  accordance  with  the 
Constitution  and  laws  of  the  State,  are  necessary  to  carry  on  the  State  Govern 
ment,  and  are  not  liable  to  militarv  duty  in  the  Confederate  States  armv. 

Approved  May  28th.  1864. 

CHAPTER  VI. 
JOINT  RESOLUTION. 

Resolved  by  the  Legislature  of  the  State  of  Texas,  That  the  Secretary  of  Stat» 
bo  required  to  have  published,  with  the  volume?  of  the  General  Laws  of  this 
session,  the  Constitution  of  the  State  and  of  the  Confederate  States. 

Approved  May  28th,  18C4. 

CHAPTER  VU. 

JOINT  RESOLUTIONS  Requesting  the  return  of  the  1st,  Atk  and  5t/t  Texas  Regi- 
ments. 

Whereas,  The  troops  comprising  the  various  companies.battalions  and  regi- 
ments of  Texas,  serving  east  of  the  Mississippi  river  have  become,  from  long 
and  arduous  services,  greatly  reduced  in  number,  and  in  many  instances  the 
organization  being  almost  destroyed ;  And,  whereas,  this  gallant  soldiery 
have  served  their  country  with  so  much  fidelity  and  uncomplaining  firmness — 
Therefore,  be  it  Resolved.  1st.  That  our  gratitude  as  a  people  is  due  the 
brave  men  who  have  so  long  represented  Texas  on  the  many  battle-fields  of 
the  revolution. 

2d.  That  we  mourn  the  death  of  those  whose  live-*  have  been  offered  as 
willing  sacrifices  upon  the  altar  of  freedom. 

3d.  That  we  return  our  grateful  thanks  to  those  who  still  survive  for  their 
sacrifices  and  gallantry,  and  tender  our  assurances,  that  the  deeds  of  the  living 
and  the  dead  are  appreciated  in  our  heart  of  hearts,  and  will  be  enshrined 
there  by  a  grateful  people  as  long  as  there  remains  on  earth,  in  the  minds  of 
men,  admiration  for  deeds  of  heroism,  devotion  to  country,  and  a  love  of 
liberty. 
4th.  That  we  most  respectfully  ask  of  our  military  authorities  to  permit  the 
2 


■rjfoffttuHB  partmfti  F.i9offio  mv&  wbio  t^iiais^mi  an  10  ,w.cl  sviiieoq  vd  mb 
5th.    That  a  copy  ot    these  resolutions  be  lorwarded^^^fe^'Ste*y'bt 

6 TUfi^tlfltti  cvfeirioua' Brigade Ctimiriandeffl &f  TelSfts t*de^)»,^al#13f  tWH Mis- 

eisflipDi.  by  the  Governor,  at  the  earliest  practicable  moment.  .s9Jinori)  » 

Approved  May  28th.  1864.  M6J    diTS  TfiM  bwoinqA 


c'6iPff§AJJViii. 


:-^*b$}iJ^fci%l^cf]£9!W*^  *0  **H^«»«t 

I  plb'tarj  dl&jrJ&&ft>»a«P4  in.  .th^raBj^ifcp*  •  tnwi Jgtoerf  guppHftd  by  enppled 

f&Hkg®-  W  fiejaens-upfy,  for^Jy%i^|yoi^J^('^^vft^^wl^  tlinote)«»jli- 
,  Wry -eiders  ka*e  pei^fa^&tjM&eB^^ 

we  find  the  oruera  age  #W9gW*p#cj  bfl£  xtoil^ii JefloO  sdJ  labnir  ion  1 
.  ,  i Rp$a6$e4  Jurllw,  tbaijo'j  «JP  WW*,-! tail  }g»  jU^hatf  ^befjfcqpl*  fcfdtibe  .fljate. 
XiB»l40  mM .^lewply  apptai  w  th<?  i*<WS$5&plteaiM&Mh£ijq^ 
oj#t#Bfcoi"^^ 

pemlw  ^i^v^jtCfwi^y^P  W<Tfl^  ia«ni#w<i  by,  change  fcbe  p)»««at 
cOO?se  of  proceedings.  Put  the  stout  aud  able  n>e»uafttg-'iidW^*topntb*  ex" 
travagant  and  improvident  use  of  th&public  property,  put  all  but  cripples  out 
of  an  ambulance  and  four  mules,  with  a  white  soldier  driver ;  send  experienced 
practical  men  to  make'  improvimow^^,W*b  Necessary,  and  let  the  people  feel 
and  realize,  that  the  cause,  io^whicb. we.  are, .engaged  is  common,  demanding 
a  hearty  and  willing  co-opMlrW*Ps».a  ™TO* 

.Ju£«^«l^£M,tte£Wjfrn^^  If 

^*orwaia*U^t»i;#Hn{j^ji£M^ 
mander  oitiWf?^tn4b>j£fFe^v<k>w  Mex*c<sij»n'$D  6cnt»n&aA&,-<tti  SBSstum- 
manders  of  the  several  Sub-Military  Districts  of  .^jD^ti§(*ipV  Teiostpnfi  te 
our  members  in  the  Confederate  Congress. 
Passed  May  28th,  1864. 

UV  WKBi 

»  ,j*j  •*  \o  vmvmrt&A**  fc'Awroao»asn%H)» 

(.-•  ;  .  <m(#Wi&L#G&%dlXl@&>>  MptrrJ  sdT  .^aasHW 

■^u^^and.o^^f  npw,  m  afl^j^e,,»|ft.,Te<JWve  Uoui.Ji^MMJ- 
^kft&£  of  C4J'&;  uuoi.upoa  tgtu  piijj^n^j^jj^djboar/L^C^af^eopt 
^i^iipoulhe^wie^I'xovided^li  ^p^pitfjftg  §WgfcflP»e 
^iUioul  detriment  to   .  odw  fl9in  9Vfiid 

"    Faseed  May  ?8th.  IFf4.  .nobulovsi  9dJ 

•t;dT    .bS 
.mobseri  lo  teJJs  9dJ  rjoqu  tcorliioxB  gaiili'w 
■^jU  -j,  . . .  nurtei  9W  tadT    ,b£ 

gafaiJ  sdJlo  ibeebed.)  lesii  .mhiaii  .  Jag  fine  29oBitt*fc 

fsaMacs  9d  Jljw  «J  heiBiosaqq*  9i£  bssb  odi  bnt 

Hi  EDfllm  9dl  Hi  ,d^£9  iJO  FHififflSl    919dj  SJB   gfJOl  B8  9lq09q  l0l9iJBTg  fi  Vd  919dJ 

V  9vd  r   bm   T"  ^;iov9b  ,rr;  ^ol  Boil^imb£  |flfifl> 

,VJ39diJ 


i : 


LfiO  "est 

sum 


'INDEX  TO  GENERAL' LAWS. 

._ [ 

\ 
Al'FROPRUTIO  rA0B 

Continent  expenses,  Hmm  Session  Tenth  Legislature ,  JJi  Confede- 
rate Notes... .  3 

further  Cor  Comptroller's  Department L  . . 

For  Stationery,  &c>,  for  Te'ntli  Legislature,  la  Speci<\      .". 9 

Additional  for  support  of  Lunatic  Asylum_". .  '  10 

Special,  necessary  to  draw  Specie  from  the  Tjaasd  j                 10 

Manner  of. liquidating  claims  under.                   ..,„'..„...     .  10 
I   nart  of  the  proceeds  from'  pale  oreoitoit  appropriated     '  11 
For  sick  and  wounded  soldiers  in  the  army  of  Arkansas  and  Louis- 
iana                                         .....  16 

Mileage  and  Per  Diem .  Extra  Session  Tenth  L&fcltttnre.' 11 

ASYLUM.  LUNATIC.                                                                  *              " 

Further  appropriation  for  Uie  support  of,  , .  in 
■ 

1 ;  :.  iaioi 

■  bonds  qr  rau.ro ad  coMrAjiir-  ,  '    '  m<l&*£ 

■  ft  "  fi.niIroadTot.rnaW    ' 
'  BONDS.  STATE,  »m* 

Trovidn^orfl,*  payment.,,  -  „ 

CARDS. 

To  be  sold  to  certain  officers 

'  ClVn,  DEPARTMENT-  ,l  *  *  '*^B 

™™  t,™  Appropriations  for  snpporl'of.,  iS'-bc  paid  in Tr-ererrtySWrrants  C-AZnin 
CODE,  PENAL.  •    i   '    •  ir!.,)F 

Article  348  a  added.     Punishment  affixed  for  the  wiilfuL' nerfM^i)Ii 

official  duties. ....:...' 7 

Funishment  affixed  for  unlawful  interference  with  private' rights 

and  property [ ~><        7 

Punishment  affixed  for  unlawful  interference  with  the  CXROrtoiifti;  { C 

.  and  transportation  of  cotton. , „....  tuuutuiS. .  19 

CONFEDERATE  NOTES  AND  BONDS.  '  " 

CONSCRIPTION  Pli0U  mt°'  and  disposal  °' '  fr0Ift  Xroa*UTy  iWMlatod 6 

Joint  resolution  concerning  the' ebn'scribineof  offiV-  17 

CONSTITUTION,  e  u 

Of  State  and  Confederacy,  to  be  printed -„-.  ,  17 

COTTON, 

Portion  of  the  proceeds'from 

Unlawful  interference  with  the 


sale  of,  appropriated. . .......  r .     .-,.,-, .] j 

ijc  exportation  and  tcAhsportation  of,""" 


punished .' '    10 

COUNTY  COURTS,  

Act  organizing  amended ^ . . .  n  icYmn  >  4; 

COURTS,  DISTRICT,  -*J1AH*>U& 

The  time  of  holding  Courts  in  the   ltitb  District  defined- 1 3 

The  time  of  holding  Courts  in,  defined,  and  reorganisation  dTnOBntf, 
®*8*nci  .  ce 4 


20 
D 

DISTRICT  COURT, 

See"  Courts." 
DEFENCE  OF  THE  STATE, 
See  "State." 

F 

FRONTIER, 

Supplemental  Act  to  provide  lor  defence  of 1  i 

Section  1.  all  persons  between  the  ages  of  17  and  13  years  to  be  en- 
rolled  

Section  2,  furloughs  to  be  given  in  the  same  manner  as  they  arc  in 
future  to  be  granted  to  the  Reserve  Corps 

Section  3,  provides  for  the  disposition  of  the  Reserve  Corps  in  the 
Frontier  Organization  of,  &c 

Section  4,  Provost  Guards  organized 

Section  5,  repeals  former  clause  restricting  number  of  men  iu  com- 
panies  

Section  6,  Stationery,  &c,  furnished  officers  of 

Section  7,  the  Oath  required 

Section  8,  gives  the  Governor  authority  to  order  into  the  field  said 
organization 

Section  9,  Governor  may  assign  a  State  Brigadier  General  to  duty 
on  the  Frontier 

Governor  to  issue  his  proclamation,  forbidding  the  settlement  in  the 

unorganized  counties  of 15 

Governor  to  make  arrangements  for  the  retention  of  said  organi- 
zation      15 

G 

GOVERNOR  OF  THE  STATE. 

Joint  Resolution  in  relation  to IS 

To  appoint  a  competent  person  to  revise  the  laws 5 

To  appoint  officers  to  represent  the  interests  of  Texans  at  Military 

Head  Quarters * 

To  appoint  Commissioners  to  visit  the  sick  and  wounded  soldiers  ia 

Arkansas  and  Louisiana 16 

See  "  Frontier." 

H 

HAND  WRITING, 

Of  Testator  and  subscribing  witnesses  to  a  will,  how  proven !> 

HEAD  QUARTERS  MILITARY  DISTRICTS, 

Representatives  to  be  appointed  to  represent  Texans  at s 

HOSPITAL  FUND, 

Money  relinquished  to  the  Frontier  Regiment  for 12 

I 

IMPRESSMENTS. 

Punishments    for  interference    with    private    rights   and    private 

property 7 

Punishment  for  unlawful 12 

Joint  Resolution  in  relation  to 16 

L 

LAWS, 

A  revision  of,  provided  for 

LUNATIC  ASYLUM. 

See  "  Asvlum.'* 

0 

OFFICERS,  STATE, 

Punishment  for  willful  omission  of 7 

Not  liable  to  conscription 17 

OFFICERS,  ARMY, 

Joint  Resolution  in  relation  to  the  employees  of 13 


1 1 

21 
P 

PEEMITS  FOR  EXPORTATION  OF  COTTON, 

Punishment  for  granting,  buying  or  selling  12 

TENAL  CODE, 

See  "Code,  Penal.-' 

PROPERTY, 

Pretended  ownership  over  not  to  be  exercised  by  a  slave 4 

Unlawful  interference  with,  punished 7 

Valuation  of,  when  impressed 16 

R 

RAILROAD  COMPANIES. 

Act  amended,  authorizing  the  reception  of  interest  on  the  Bonds  of  0 
REGIMENTS,  1st,  4th  and  5th, 

Return  of  requested 17 

REPORTER  OP  THE  DECISIONS  OF  THE  SUPREME  COURT, 

To  be  furnished  Stationery 8 

S 
SALT  MAKERS, 

Joint  Resolution  reculat'm<:   the  detail  ii 13 

SLAVES. 

Prevented  from  exercising  pretended  ownership  over  property. . . 
SOLDIERS.  '  i  i     v     . 

Act  providing  for    the  support   of    families  and  dependents  of, 

amended 8 

Appropriations  for,  to  be  paid  in  Treasnry  Warrants 16 

Joint  Resolution  to  provide  for  the  relief  of  the  sick  and  wounded 

in  Arkansas  and  Louisiana 16 

'  trn  of  soldiers  east  of  the  Mississippi  River  requested 17 

rE, 

The  disposalof  unappropriated,  regulated 10 

Surplus  of,  to  be  used  for  buying  treasury  Warrants 11 

Part    of,  arising  from  sale  o'f  cotton,  appropriated   as  a  sinking 

fund,  &c ,  11 

STATE  r.ONDSht  '"'  t0  '"Vrfai"  money-  ^linqnishe.l T         : 

See  "  Bond 
STATE.  DEFENCE  OF, 

Act  providing  for,  repealed i  > 

STATE  TROOPS,  

•Transferred  to  Confeder;>-'>  81   b  service 12 

T 

TAXES. 

m„„ lnwhat  fnndsto  be  collected 0 

TREASURY  WARRANTS.  

To  be  issued  and  for  what  purposes 10 

w 

WILL. 

Manner  of  proving ji 


■ 

:  I       I     • 

7  3 


"    I  ■ ■    ■  ■    ■  ■  ■    i  ■  ma  -  - 

'     ■ 


THE    STATE    OF    TEXAS,  | 

Department  or  State      y 

I,  ROBERT  J.  Townes,  Secretary  of  State  of  the  State  of  Texas,  do  certify, 
that  I  haveWinpared  the  foregoing  Laws  and  Joint  Resolutions  of  the  Extra 
Session  of  the  Tenib^Legislature  with  the  originals  cow  on  file  in  this  Depart- 
ment, and  that  they  asretrue  copies  of  such  originals. 

■  I  further  certify,  that  the  Extra  Session  of  the  Tenth  Legislature  of  the 
State  of  Texas,  iu  compliance  with  the  Proclamation  of  the  Governor,  assera 
tiled  on  Monday,  the  ninth  day  of  Mav,  A.  D.  1864,  and  adjourned  on  the 
twen^y«eighth  day  of  .May,  in  the  same  year. 

In  testimony  whereof,  I  have  hereunto  signed  my  name, 
and  caused  the  Seal  of  the  Department  of  State  to  be  affixed, 
at  Austin,  this  20th  of  July,  A.  D.  1864. 

R.  J. 

Se-creto'ii/  of  State 


■ 


CONSTITUTION 


OF  THR 


STATE    OF    TEXAS. 


( 3<53Sf  STIT1 J  TION* 

THE 

STATE     OF     TEXAS 


PREAMBLE. 

We,  the  people  of  the  State  of  Texas,  acknowledging,  with  grati- 
tude, the  grace  of  God,  in  permitting  us  to  make  choice  o;'  our  form  Pr< 
o!  government,  do  ordain  and  establish  this  Constitution  : 

ARTICLE  I. 

j-  BILL   OF   RIGHTS. 

That  the  general,  great  and  essential  principles  of  Liberty  and  Free  object  i 

Government  may  be  recognized  and  established,  we  declare  that —  or  Right;?.. 

Section  I.  All  political  power  is  inherent  in  the  people,  and  all  Politic*1 
^:ee  governments  are  founded  on  their  authority,  and  instituted  for  lxmer 
their  benefit ;  and  they  have  at  all  times  the  inalienable  right  to  alter, 
reform  or  abolish  their  form  of  government,  in  such  manner  as  they 
may  think  expedient ;  and,  therefore,  no  government  or  authority  can 
exist  or  exercise  power  within  the  State  oi  Texas,  without  the  con- 
sent of  the  people  thereof  previously  given  :  nor  after  that  consent 
be  withdrawn.  „     ,    .  . 

Sep.  2.  All  freemen,  when  they  form  a  socidl  compact,  have  aeserted-e.v 
equal  rights  ;  and  no  man.  or  set  of  men.  is  entitled  to  exclusive  sep-  elusive  pri- 
arate  public  emoluments  or  privileges,  but  in  consideration  of  public  Alleges  do 
services.  Died- 

Sec.  3.  No  religious  test  shall  ever  be  required  as  a  qualification  No  ,Ciigious 
to  any  office  or  public  trust  in  this  State.  test. 

.  4.  All  men  have  a  natural  and  indefeasible  right  to  worship 
God  according  to  the  dictates  of  their  own  consciences  :  no  man  shall 
be  compelled  to  attend,  erect,  or  support  any  place  of  worship,  or  to 
maintain  any  ministry  against  his  consent:  no  human  authority  ought. 
in  any  case  whatever,  to  control  or  interfere  with  the  rights  of  .con- 
science in  matters  of  religion  ;  and  no  preference  shall  ever  be  given  J^jy^nd '' 
by  law  to  any  religious  societies  or  mode  of  worship,  lint  it  shall  be  micrntion. 
the  duty  of  the  Legislature  to  pass  such  laws  as  [may]  shall  be  necessary 
to  protect  every  religious  denomination  in  the  peaceable  enjoyment 
of  their  own  mode  of  public  worship. 


*  TbewordB,  or  letters  enclosed  in  bracket.*,  are  found  upen  tbe  original  roll  in 
pencil,  ane"  ocay  tsvr  I--  r  intended  :.f  orrectionB,  but  by  w bom  n>at>  does  cot 
urpew 


26 

Liberty  of  ggc.  5.  Ever/  citizen  shall  be  at  liberty  to  apeak,  write  or  publish 
ofttu^rareL  ^s  OP"1'0118  on  any  subject,  being  responsible  tor  the  abuse  of  that 
'  privilege :  and  no  law  shall  ever  be  passed  curtailing  the  liberty  of 
speech  or  of  the  press. 
prosecution1  Sec.  6.  In  prosecutions  for  the  publication  of  papers  investigat- 
for  libel.  *ing  the  official  conduct  of  officers,  or  men  in  a  public  capacity,  or 
Rights  of  u  w^ea  tne  nailer  published  is,pEoper,forpuWic  information,  the  truth 
ry  in  trial  for  thereof  may"  bd  given  in  evidence!  A.rfrrin^all  indictments  for  libels, 
libel.  the  jury  shall  have  the  right  to  determine  the  law  and  the  facta,  un- 

der the  direction  of  the  court,  as  in  other  cases. 
Protection  ^ec.  '*  ^e  PeoP'e  s^ail  be  secure  in  their  [persons,]  houses,  papers 
against  and  possessions,  from  all  unreasonable  seizures  or  sea[r]ches ;  and  no 
searches  and  wawaujf  to  soarch--ah^place^»dr  fcoleeize  any  person  or  thing,  shall 
seizures.  issue,  witaout^escribing  them  as  near  asmayoe,  nor  without  proba- 
ble cause  supported  by  oath  or  affirmation.  " 
Rights  of  ac-  Sec.  8.  In  all  criminal  -prosecutions,  the  accused  shall  have  a 
cused  per-  speedy  public  trial,  by  an  impartial  jury  :  he  shall  not  be  compelled 
sons.  to  give  evidence  against  himself :  be  shall  have  the  right  of  being 

heard  by  himself  or  counsel,  or  both ;  shall  be  confronted  with  the 
witnesses  against  him,  and  shall  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor  :  and  ho  person  shall  be  holdehlto1  answer 
-        for  any  criminal  charge,  but  ofl  indictment  or  information,'  except  in- 
cases arising  in  the  land  or 'naval  forces,  or  offences  against  the" law*'  ! 
regulating  the  militia. 
fain  <?  CC'        ^Ec'  ^    ^  prisoners  shall  hdJMiiblF.by  sufficient  sureties,  unless 
for  capital  offences,  when  the  proof  is  evident  or  the  presumption 
great ;  but  this  provision  sh^li  n,ot  be  »o  construed  as  to  prohibit  bail 
after  indictment  found,  upon  an  examination  of  the  evidence  by  a 
Judge  of  the  Supreme  or  District  Court,  upon  the  return  of  the  [a}  writ 
of  habeas  corpus,  returnable  in  the  county  jwhen*  'he  offenceis  com- 
mitted. . 
writ  of  "h«-      Sec,  10.    The  privileges  of  the  writ  of  kabtas  corpus  shall  .not  o& 
beas  corpus."  su8pe'Il(jtjjt  except  when  in  case   of   •vbePiou    ir  invasion  the  puhlip. 
Exoesaive  bail  safety  may  require  it. 

^rcd,0r.or^-     Sec   11.     Excessive  buil  shall  no t  b>  oequired,  nbi  excessive  fines  J: 
cesaiva  fines  imposed,  nor  cruel  or  unus&al  punishments  inflicted.    All  courts  sh4.ll 
uTurf*  punish-  be  open;  and  every  person  for  an  injury  .done  him  in  his  lands,  goods,, . 
o^ent<«>nI£-'tCted'  person,  or  reputation,  shall  have  remedy  by  due  course  of  law 
Nojjereonphaii     Sec.  12.     No  person,  for  the  same  offence,  shall  be  twice  put.  in 
bo  t*iee  putin  jeopardy  of  life  or  limb  ;  nor  shall  a  person  be  again  put  upon  trial  , 
iffePordumb  °0r  for  the  same  offence  after  a  verdict   :.f  not  guTJty  J  and  the  right^of 
same  offence.    ir-1A\  ^y  jary  8^an  remain  inviolate' 

Kight  10  boa.-     Skc.  13.     Every  citizen  shall  have  the  right  tp  k jeep  tad  bear  arms, 
?.™   s"aran'  in  the  lawful  defence  of  himself  or  the  Stat - 

no  bill  of  at-      Sec  14.    No  bill  ot  attainder,'  e.c  post  facto  ht-v.  retroactive  law,-.6r 
fact<,er'expost  aQy  *aw  i9*P#rH%  ^  obligation  ot  contracts  r-b:tli  be  made,  and  no 
»acCtive°riaw'rto  person V  property,  §&*$  &p  taken  or  applied  to  public  use,  without  . 
t>e  made.         adequate  compensation  being  made,  unless  b%  tne.consant  of  such  , 

No  imprison-    perSOIl. 

Nopewnto.be       SeC'   **      N°  Pers0n  shaU  eV,Jr  l'"  SWP1^!^  !0r  ael,t- 

fied^e  riv'     Se(v  16-    No  titiw>a  oHMs  State  shall  be  deprived  of  life  lilfe*it^  ' 
ed  or  ufe,euber- property,  or  privileges, 'outlawed;  exiled,  or  in  any -manner  disfrafi- 
du^pV^ol  chi'sed,  except  by  due  course  of  the  law  of  the  land. 
Mmta    aubor      Sec.  17.  ■  The  military  shall  at  all' times  be  subordinate  to  the  civil ' 
<jinate  to  civil  authority.  . ...   .  a  .,.-  , 

pUe*TetuitiM,     S®R  18. •  .Perpetuities  and  monopolies  aw  t :;ntrary,fe>.  the  geniu* , 

monopolies. 


of  a  tree,  government  and  shall  never  be,  allowed, ;_  nor  snail  the  Law  »Kynf^>y,i 
of  primogeniture  or  entailments  ever  be  ia  Force  in  this  State. 

Sec.  lS,    The  citizens  .shall  have,  the  right,  ia  a  peaeeablo  manner,  tuehtor«aaem 
to  assemble  together  for  their  common  good,  m-i.  t<>  apply  to  those  £,'"f  ,;,*""  oC 
invested  with  the  powerfsj  of  government,  for  redrusi  of  grievance,  or. 
other  purpose*,  by  petition,  addresser  reiiion-tri:).' 

Sec.   20.     No  p'ower  of  saspendiug  laws  in  ;bi*  gtfafeshjalj 
ercised.  except  by  the  Legislature,  or  its  authority.  _ 

Sec.  Bl;     To  guard  against  transgressions  pf  ilt.'  '.ugh  powers .hcrei n  SuuiS«^.i 
delegated,  we  declare   that .everything,  -iu  tl^U  •  Bill  of   Rights"  is^i  out  Qr*»« 
excepted  out  ot  the  general  powers  of  government    md\si^llToi:^^r|^a|!J^4,¥^  • 
remain  inviolate,  and  all  laws  contrary  thereto   or  to  Ine  'oll>wiog' 
provisions,  shall  '.»•   ■•■  >.>! 

ARTICLE  II 

DtV:-  TITr:    POWERS   O?   GOVERNMENT. 

SK.rTio.N   i       .  -ernmen'  of  tbt1  3t»<%  ot  Texas  Departure 

shall  be  divided  fifto  three  distfnct"departm"ii«s.  aad  each  of  them  be  of  goverom-t 
confided  to  a,  separate  body  of  magistracy-  to-vit  :  thoue  which  are  *ieflned- 
Legislative  l<>  one— those  which  are  Executive  fco  another,  and  those 
which  are  Judicial  to  another  ;  and  do  person,  or  collection  of  per- 
sons, being  e:  one  off  those  departments,  shall  exercise  any  power 
properly  attached  to  eifnef  if  the   ^hefsj,  ex Pept  tri  fcKe  install 
herein  expi  •»•'■! 


article  in. 

LEGISLATIVE     DEPARTMENT. 


Section  1.    That  all  persons  who  were  citizens  of  the  State  of 
Texas  on  the  second  day  of  March,  eighteen  hundred,  and  sixty -one :  Qualifica  - 
all  persona  born  after  that  time,  of  parents  citizens  of  this  State  ;  all  tiona  of.  ete<- 
persons  born  in  this  State  of  parents  residing  in  and  entitled  to  ac-.tore 
quire  the  rights  of  citizenship  :  all  citizens  of  either  of  the  Confeder- 
ate States  of  America,  or  of  any  State  which  may  hereafter  be  ad- 
mitted into  uaion  with  the  Confederate  States  of  America,  on  terms 
of  equality  with  them,  immigrating  to  and  permanently  residing  in 
this  State  :  all  persons  naturalized  by  the  Constitution  and  laws  of- 
the  Confederate  States  of. America  and  of  this  State,  and  permanently 
residing  thoroin.  (Indians  not  taxed,  negroes  and  their  doscendant- 
excepted,)  shall  be  citizens  oFthe  State  of  Texas. 

Bbq  2,    All  free  male  citizens  of  this  State,  as  defined  in  the  pre- 
ceding section,  over  the  age  of  twenty-one  years,  who  shall  have  re- 
sided in  this  State  one  year  next  preceding  an  election,  and  the  last  Qualified 
six  months  in  the  district,  county,  city  or  town  in  which  they  offer  to l>loctors 
vote,  shall  be  deemed  qualified  electors  ;  and  should  any  such  quali- 
fied elector  happen  to  be  in  any  other  county,  situated  in  the  district 
in  which  he  resides  at  the  time  of  an  election,  he  shall  be  permitted  ««,-„  TOtee 
torote  for  any  district  officer,  and  qualified  electors  shall  be  permit-  ^^  baoat. 
ted  to  rote  anywhere  in  the  State  for  State  officers  :    provided, 
that  no  soldier,  seaman  or  marine  lathe  regular  armyor  navy  of  the 
Confederate  States  of  America,  shall  be  entitled  to  vote  at  any  elec- 
tion created  by  this  Constitution 

Sep.   3v  Electors  :m  all  cases  saili   Iw  privileged  from  arrest  ,..J.llega^ 
during  their  attendance  at  elections,  and  in  going  to  aad  returning  doctors    .    | 


Privileges  of  from  the  same,  except  in  cases  of  treason,  felony,  or  breach  of  the 
electors.        peace 

Tbe  tegisla-  Sec.  4.  The  Legislative  powers  of  this  State  shall  be  vested  in 
ture.  two  distinct  branches  ;  the  one  to  be  styled  the  Senate,  and  the  other 

the  House  of  Representatives,  and  both  together,  the  ''  Legislature  of 
Sty!eof!aws  the  State  of  Texas."   The  style  of  [all]  the  laws  shall  be,  •'Beitenacted 

"by  the  Legislature  of  the  State  of  Texas." 
Representa-       Sec.  5.     The  members  of  the  House  of  Representatives  shall  be 
t  ves— term  chosen  by  the  qualified  electors,  and  their  term  of  office  shall  be  two 
of  office.       years  from  the  day  of  tbe  general  election.    And  the  sessions  of  the 
aivEB      SC    Legislature  shall  be  biennial,  at  such  times  as  shall  be  prescribed  by 

law. 
Sec.  C.  No  person  shall  be  a  Representative,  unless  be  be  a  ciii- 
for&i:RepreS  zen  of  this  State,  and  shall  have  been  an  inhabitant  of  this  State 
sedatives."  two  years  next  preceding  his  election,  and  the  last  year  thereof  a 
See  sees.  25,  resident  of  the  district,  county,  city  or  town  for  which  he  shall  be 
26,and2:  of  chosen,  and  shall  have  attained  tbe  age  of  21  years  at  the  time  of  his 
****■        election. 

Elections  Sec.  7.     All  elections  by  the  people  shall  be  held  at  such  time  and 

■gonerally.      places  in  the  several  counties,  cities  or  towns,  as  are  now,   or  may 

hereafter  be  designated  by  law. 
Senators—  Sec.  8.  The  Senators  shall  be  chosen  by  the  qualified  electors  for 
their  term  the  term  of  four  years ;  and  shall  be  divided  by  lot  into  two  classes, 
of  office.  [as]  nearly  equal  as  can  be.  The  seats  of  Senators  of  the  first  class 
Classifies  sh*N  be  vacated  at  the  expiration  of  the  first  two  years  ;  and  of  the 
tion  of.  *       second  class  at  the  expiration  of  four  years  ;  so  that  one-half  thereof 

shall  be  chosen  biennially  thereafter. 
Sec.  9.    Such  mode  of  classifying  new  additional  Senators  shall 
New  Sena-     be  observed,  as  will  as  nearly  as  possible  preserve  an  equality  of 
tors—bow     number  in  each  class. 

classified.  gEC>  10     -\yhen  a  Senatorial  district  shall  be  composed  of  two  or 

Senatorial  more  counties,  it  shall  not  be  separated  by  any  county  belonging  to 
Districts.       another  district. 

Qua?  ficat'ns  Sec.  11.  No  person  shall  be  a  Senator  unless  he  be  a  citizen  of 
for  Senators,  this  State,  and  shall  have  been  an  inhabitant  of  this  State  three  years 
See  sees. '25,  next  preceding  the  election,  and  the  last  year  Ihereof  a  resident  of 
ibis  Art2"  0l  ^e  district  f°r  which  he  shall  be  chosen,  and  have  attained  the  age 

of  thirty  years. 
SBO.  12.  The  House  of  Representatives,  when  assembled,  shall 
Orgaajzation  elect  a  Speaker  and  its  other  officers,  and  the  Senate  shall  choose  a 
Eocses  lVl  °  President  for  the  time  being,  and  its  other  officers.  Each  House  shall 
cjuaiific'at'ns  judge  of  the  qualifications  and  elections  of  its  own  members,  but 
contested  el-  contested  elections  shall  be  determined  in  such  manner  as  shall  be 
ect'ns.  Quo-  directed  by  law.  Two-thirds  of  each  House  shall  constitute  a  quo- 
jpurnments    rum  to  ^°  business,  but  a  smaller  number  may  adjourn  from  day  to 

day  and  compel  the  attendance  of  absent  members,  in  such  manner, 

and  under  such  penalties  as  each  House  may  provide. 
„.      „    ,       Sec.  13.    Each  House  may  determine  the  rules  of  its  own  proceed- 
over    mem-  ^Sst  punish  members  for  disorderly  conduct,  and,  with  the  consent 
bers.  of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 

offence. 
Sec.  14.    Each  House  shall  keep  a  journal  of  its  own  proceedings, 
Journa!*.       and  publish  the  same ;  and  the  yeas  and  nays  of  the  members  of 

either  House,  on  any  question,  shall,  at  the  desire  of  any  three  mem- 
bers present,  be  entered  on  the  journal[s]. 
Sec.  15.    When  vacancies  happen  in  either  House,  the  Governor, 
ihe^Legisia2  or  tne  person  exercising  the  power  of  the  Governor,  shall  issue  writs 
ture.  cf  election  to  fill  such  vacancies. 


29 

mx.  16.    Senators  and  Representatives  shall  in  all  cases,  except  in 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  ^^^ 
during  the  session  of  the  Legislature,  and  in  going  to  and  returning  ' 
from  the  same,  allowing  one  day  for  every  twenty  miles,  such  mem- 
ber may  reside  from  the  place  at  which  the  Legislature  is  convened. 

Sec.  17.     Each  House,  may  punish  by  imprisonment  during  the  Pu  i 
session,  any  person  not  a  member,  for  disrespectful  or  disorderly 
conduct,  in'its  presence,  or  for  obstructing  any  of  its  proceedings  : 
provided,  such  imprisonment  shall  not  at  any  one  time  exceed  fortv 
eight  hours. 

Sec.  18.     The  doors  of  each  House  shall  be  kept  open.  Open 

Sec.  19,    Neither  House  shall  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days  :  nor  to  any  other  place  than  that  me^ ^ n 
in   which   they   may  be   sitting  without   the   concurrence   of  both 
Houses. 

Sec.  20.  Bills  may  originate  in  either  House,  and  be  ameudt 
altered,  or  rejected  by  the  other  ;  but  no  bill  shall  have  the  force  of  bl118- 
a  law  until  on  three  several  days  it  be  read  in  each  House,  and  tree 
discussion  be  allowed  thereon,  unless  in  case  of  great  emergency, 
four-fifths  of  the  House  in  which  the  bill  shall  be  pending  may  deem 
it  expedient  to  dispense  with  this  rule ;  and  every  bill  having  passed 
both  Houses,  shall  be  signed  by  the  Speaker  and  President  of  their 
respective  Houses. 

Sec.  21,     All  bills  for  raising  revenue  shall  originate  in  the  House  i)n   - 
of  Representatives,  but   the  Senate  may  amend   or  reject   them  as  revenue, 
other  bills. 

Sec.  22.    After  a  bill  or  resolution  has  been  rejected  by  either  Reeled 
branch  of  the  Legislature,  no  bill  or  resolution  containing  the  same  bills, 
substance,  shall  be  passed  into  a  law  during  the  same  session. 

Sec.  23.     Each  member  ot  the  Legislature  shall  receive  from  the  Compeasaf  a 
public  Treasury,  a  compensation  for  his  services,  which  may  be  in-  ^e"^^™r 
creased  or  diminished  by  law  ;  but  no  increase  of  compensation  shall  this  Art. 
take  effect  during  the  session  at  which  such  increase  shall  be  made. 

Sec.  21.    No  Senator  or  Representative  shall,  during  the  term  for  ineligibility 
which  he  may  be  elected,  be  eligible  to  any  civil   office  of  profit  of  inembere 
under  this  State,  which  shall  have  been  created,  or  the  emoluments  \°  ^ 
of  which  may  have  been  increased  during  such  term  :  and  no  mem- 
ber of  either  House  of  the  Legislature  shall,  during  the  term  for 
which  he  is  elected,  be  eligible  to  any  office  or  place,  the  appoint- 
ment to  which  may  be  made  in  whole  or  in  part,  by  either  branch 
of  the  Legislature;  nor  shall  the  members  thereof  be  capable  of presid'ntpra 
voting  for  a  member  of  their  own  body,  for  any  office  whatever,  tern,  of 
except  it  be  in  such  cases  as  are  herein  provided.    The  President  al°- 
for  the  time  being  of  the  Senate,  and  the  Speaker  of  the  House  ofsiyv^er  of 
Representatives,  shall  be  elected  from  their  respective  bodies.  thc  Houfla 

Sec.  25.  No  Judge  of  any  court  of  law  or  equity.  Secretary  of  Holders  or  in 
State,  Attorney  General.  Clerk  of  any  court  of  record.  Sheriff  or  crative  offl 
Collector,  or  any  person  holding  a  lucrative  Office  under  the  Con- ^  Notw» 
federate  States  of  America,or  this  State,  or  any  foreign  government,  0fuc-SOf  tr'st 
shall  be  eligible  to  the  Legislature ;  nor  shall  any  person  at  the  same  or  profit  to 
time,  hold  or  exercise  any  two  offices,  agencies  or  appointments  ofb«  neld  °r 
trust  or  profit  under  this  State  :  provided  that  offices  of  the  militia, same  ^rsou 
to  which  there  is  attached  no  annual  salary,  and  the  office  of  Justice 
of  the  Peace  shall  not  be  deomed  lucrative. 

Sec.  26.    No  person  who  at  any  time  may  have  been  collector  of 
taxes,  or  who  may  have  been  otherwise  entrusted  with  public  mc  iey,  holders  ™ of 
shall  be  eligible  to  the  Legislature,  or  to  any  office  of  profit  or      ist  Pui,ijC  mon 
under  the  State  government,  until  he  shall  have  obtained  a  discfc     ;e  ey  ineligible 


&80 

Bfogsthtf  amwrit  ol  dtaek  eotlecthia.  isqpliil  &MBA&o$ubJ$e  miiueys-with 

,.','.'    '    r ;  vdficbAce-'jr.ayJjtore'.toeea  entisastedc^  "r     doused   k    ^oobl    r 

'  "'Sec.  1:7..-  -.Ministej-.-c.of.  Uie.GospeLiJehigtby ': IthsiispffifeBteigftrdftAi- 

MiniBtcrB  r-^aXeditoGodand I*ta «are  of souls7,.hifght  coir*..  bft<  diverted  ciitfin 

eligible.       Lttat -'"great  i  duties  ^i'-their:  fnhetron? ;.  therefbiex  no  Jilitthfterrtpf'^e 

1  ^u^^toJf-riaatei^amy^ifeiBJj^.tw^n  whateM^.BJS&n.lie  eligible 

totheTiegislature:  :■    "  . 

ibSfi  28;  i :  Elections.*"  u-^enatDiipfeand"  Bepreisfii&ath'ewi^iiUk-bfejgga- 

ttau^een*  pral  throughout  .the  State,  and  shall  bftregnlated'hy'law. 

raj.  Sec.  29.    The  Legislature  shall  at  their  first  meeting-.iarid  .'ifewie 

year  one  thousand  eight  hundredtuid  forty-eight  and:  City?  aud.every 

.  ,     eight  years  thereafter*  caase:auenfimeratiouBo:-be  -fllade:0f  ajt  ih'j 

•  free:,  inhabitants   (Indians  :not ::  taxed  j>  Africans  ,  and  descendant*  <oi 

'Africans  excepted)  of  the  State,  de^gna&ingiprrrtieulariy  the. iramber 

of  qualified  electors  ;  and  the  whole  number  of   Representatjtjes 

shall,  at  the  several  periods  of -making:  suco  enumeration  be  fixejl  by 

the  Legislature,  and  apportioned  :aindng  the  .several  eoiuntiejSj-ioities 

or  towns,- according  lo.thenuhxborof  tree rpopulation  ift:<fflch.';.. land 

shall,  not -be  lesB  than  forty-five^. nor.  more  than  ninety. 

obsolete 'and  '   "  tSection-'i  20  and  32,  being  ob»oiete>are  omitlM-..]/ 

omitted.  Sec-  Si.   :The  fhrniir  i—i)wli HlflifilrtiiHiif  n  ilhftljili  the  .-a«ifte«(«»ain 

after  the- seiver&l  p.eriodSi<>fj-taaKmg:f  fib&eiLumer'aiio&.-bei^ftiqftGtiy 

Apportion-  the  Legislature,  and  be  apportioned  among  the  several^Sistriet* to  b<- 

menfcof  Hen-  established:  by  law;  iidoardiag;  to  :th.eiautnber-bf::qiUAlifietL'e.lei8ors, 

'mndahalffievEr:be3eBsr*baTCnin«.te^^^  to 

Sec.  33.    The  first  session  of  the  Legislature,  after  tttoi addition 

■  it  .thin  Constitution,  -by  -the  Qocgr^ftol:ihe.'fUnite,d:State8^Bhj9J|  be 

^1°§™'**"H  ux  :the::city,of  Austin,  the.prje^t.fiea/oi. goYern.me&t$£*«d 

thereafti^jUBtiii*be:y2Raxoii'',  .-.tboiksana;.  eight  fahttdrjad  -andjeflfty  i 

seat  <j& ■givur nroertt-  (t&alk:  te  #erma&eni)#  lo- 

.  -j -if  olldtrq 

Ljegiri^tin*  febaU^;lJwiirf6«teW8- 

.  sion,  Tectw5&-.fpem  :the  Treasury! wf  the , State  ad*  tbeUidomp^asftUfiP, 

'^;"^|^rgihree  dollars  for  each  day  tbey.fibaB.  h'<i  in  atteadfthe#ou^8nd;rtpree 

•:  ef'S^sia.  dollars  forJkvery  .twenty -five  rdifeS  •  t*afellingvto  and  -,f*af«j#helofci*ce 

ture  oi  convrniag:  the Leigislaturfed  btjuI  sirfJ  rsbau 

Sec:  35;..  laxarder  to  settlft;^r«ao$ntly:^e  ee*fe' ©fe®o*i*awiOot, 

Election   foK-^-G^tio^'suailbB  Holder*  throughout  the  Staia^atJbp^MA^opWjts 

seat  of  Gov- of- bqtding  elections,  on:  the.: first  Mciad^y; in  34ar§bj  <#eib{&tf8fcBd 

emment.    A  fright  hundred  and  fifty. ;  which  AaH  be'cfin^ctodra^ottfdiBg  tft^r , 

at  which  time  the  people  shall vote  f^'iujch:  plac§:afe.*bej  mdft^e 

proper  for  ihe  seat  of:gO'VerOmem.   :  The  retiumpk^aj^i^ee^jttofeTfcG 

:*BidxdhsBufted.;td :  jtbe^QFenwr  by  .thes -firsj;  M<w^y  i#  <fiup**9if 

either  place  voted.  foraaaH  have  ^majority  of  thsi  «fc^fir»nJHb«!R)l)f 

'      "  ':'-:    votes  caft,  then  the  same  shall  be  the  permanent m^fHi^aNrnt^HfS^ 

:  until  the  year  one  thousand  eight  hundred  and  sevwityisa^ejg  the 

£o  B7iin3idSMfttfi^U  sooner  be  divided,    But  in  case  neit^'r-.plaoe^ot^jfeir 

'^\by      :; -Jifiali.  have  .the  majority  of  the  whole  number:  of-'  votes  :gi$ejiolP> 

'''•■<""  then  the  Governor  phall  issue  his-  proclamftUpaJtora^e^g^,:^) 

v)  jfio  be  bo.lden  ja.the  saflae.mannefj  en-  the  firetr  Monday  iprQet^ejieige 

thousand  eight  hundred  and  fifty,  between  the  two  R)a£ftftffc#&$Vg 

thoiJgbe8t  number  of  votes,  at  the  first  eleetipa. :  .  MT^gl^wn 

shall  be  conducted  in  the  fiame  manner  as  at  the  first,  aaii ^^thefg^njps 

made  to  the  Governor,  and  the  place  having  theLb^hefltnanAef^l' 

votes  shall  be  the  seat  ot   government  for  the  ^iaa:  her§j»0§gfore 

provided.      :  j  jj  odwiO  ,89ZCl 

o  v'jffio  ice  c;  io  .S'ljjteleigeJ  s£j  oJ  eldigila  sd  Hade 

■  i<: :p:-:c:  -;  '<di  isbau 


•  -. 

bi  mj  oj  b9ba9)a\  oesgbiil  '■;:xbWmy'iLV,: 
siotedttMJetabnw  *o7t4WnfK     II  bn«; : 


.  ,,.       .'.   DEPARTMENT. 

Sirao.v  J.     The  Jud;enJ  power  of   this  RtatS  sh.d'i   r»c  veeWta 

preme  Cou-rf,  in  I  lrtA,  and  in  mreh  inferior  courts  aa<J«»«>M«J 

'me Legislature  may  fron.  tune  to  tim<-  olduih  and Vftablish  :    andpjw,r 
/nch.'iitr'iffdiclinai   rr,;iy  be   vevted  in  corporation  fcojirt^j  uc  may  be 
'j.'-m-a  nccessarv,  and  be  dlrec^d  by  law. 
?niwft  1'.     The  Supreme  Court  'shall"  consist  of  (t'Chie 
two  Ae-spciaU'.*.  any  two  of  whom  shall  form  a  quorum.  Court. 

pfcmeCoirrt  shall  have  appellate  jurisdiction  only, 
Mich  shall   6f^  co-extensive'  with  'tin*  limits  of  the   State;    but  iu.iuilHC 
Arijpiru'  Cadj&C  and  in  appen..-  rroni  interlocutory  judgment",  with  of    Supi 

rf'gu&tjdhfe  a*  the  Legislature  shrill  Court. 
'Arialte.     And   th'e   Supreme   Court  and   M6$i%'  thereof  pa'H   IrWfe 
power   t6  ;!©ue  tfte  writ  61  toifcxW  totjhd,  and  omSer  Byicbl   j#gfcfa-Jud*c 
tioiVs  op'  may  be  phetecribf  nay  WotSe  writs  of fitahtoatfils,  ™r*^    ,9SUC 

arid 'such  r'h^r -writ,  :.- <!'-;f;    be^ae'ce^featV  65  <••>  i  iw"n!  juris- 

diction, iititi  also  com  Ebe  Dtytijicl  ;  1  to 

'  trial'  atd  Judgment    □  \n<\  the  Supremo  Court  shnlt  hold 

ft&  fossibhs'ione'e  every  year Wetwee'n   the  ft  • )  •tob,-  and  $    j 

Thno,  inc.Tririvr.  Alt  r.r.'more  than  three-  pmces  lii  tire  Sia^o. 
Sec.  4.    The  Supreme  Court  phali  appoint  iu  v,wn  clvti^,  tfho 

Clerk. 

preme  Court 


1  by  law. 
.    The  «ovVra;.r"«8IF«fi>Kfaate,  and  by flWHwiBr'  ttoafitffce 
aiB'consfcirf  oTiwo-inmfc  of  t:hu  rVnaV.  shall  appoint'  the  Juflg'es  of 
'  the  Supreme  ah<r  DfetVifeV  Court?;  and  they  shaftTrbld  ttieir'bffldes'for 
six  years.  ■t"od  so 


Offic^,\^^'^t'jabeee»'tfff&troA',hf  their  respective  terns  of 


AmoMtm'Bis 


Wfi£fc.  6,r\-$n-V!as«'Ift  rar^y  may- Odour  ih«^r'W"th^.l*y;^e^,^"lS^;1 
'■VMfc'riatiftn^  of'feWerwV.0  afttf!  WsaafAejidmeut   tdWS' WRkft/'ftod  i860. 


thereafter,  be  elected^  tttef''4^flWB  «*WiSA!  fel<¥B0tt&fe.  in  fte 
<ir^n'nv>prt3,cribctiby'TAw'.:   ' '--«'oqqa  otl  Iladg  sioilT    £] 

_.  Jtb?fr%^d$&M$M<>  wdmun  insio  £,£'?:"^ 

>•?  dTvidet?fl#  wSm^McSE^viB:-     "iS" 

i  I  ;h<^Mll  Ve^&efffa^btyfcftJ  aJndfre  judioiffl1sfi. 

m  fenHlafed  bold  the  r0urts  at  one  plareJn  &*{.*«£' 


f,Wb^sKaH.re8?<!e';rri 


'.%€] iep.,« (  t  M  A  Irr.^eiao^aSO^fi toSi  Viian n ef  as  Tti 9 v  Jad^" s  w 

lai^Pw  68c::,  ^na  m  J'8  J'*"8  oshiiL  o/l      H  .  ae        .baaotaiiii 

P"  t^Wirr%S<ofXfl«"^i  jWbiS'teote-f  ^Ji» -Wttelvc  a  salary  :U>1 

fha-n  <wo  fhoupar^f  dollars  annually,  and  the^  JndgeB'bMhesaiafift  • 

Co'tiH'  a'^atufry  not  Ihrs   in<in  seventeen'  honored  and  fifty  Judges. 

<!rti*  ft'nnnslly;  and  the  claries  of  tht>  Judtros  shall   not  hb  in- Arl- 


;>6. 


•  ^r^s^a^V  diminished  during  their  continuant  fa  offlw. 
V'r  •B*b!"8.h|Th*iJnag<^  o<:  $jg  !*«prpinc  and  TK^trlct  Coirrt(»,  r«at>'bu 
'W^Wyjefet-n'^r.  <■-,   the  addtxw  of  twr  thirds  6¥   <»WliK*mQ**j 
'  '0^fM?ln^«>atiiTe,  r>r  v,iif»l  ne?le;t  of  dusy  or  oth.T  nxiriK-  from  rttw 
^abife^aftS*  Wtrfetmirttot  be  pufBcient  ground  for*  impear-TiTny.-if 
provided  however,  that  the  cause  or  caused  for  which  such  removal 
shall  be  required,  clmll'he  «Uvt»d  at  It^nrth  in  racb  addrw?  «n. 


37 

t. sred  oa  the  journals  of  eaca  H^use  ;  uad  p.  ovided  lurther,  tb.  :  th  j 
cause  or  causes  shall  be  notified  to  the  Judge  so  intended  to  be  re 
moved  5  and  he  shall  be  admitted  to  a  hearing  in  his  own  defence  before 
any  vote  for  such  address  shall  pas3  :    And  in  all  such  cases,  the  vote 
shall  be  taken  by  yeas  and  nays  and  entered  on  the  journals  of  each 
House  respectively. 
.Judges  to  be     Sec.  9.     All  Judges  of  the  Supreme  and  District  Courts  shall,  by  vir- 
couserrators  tue  of  their  offices,  be  conservators  of  the  peace  throughout  the  State, 
of  the  peace.  The  gtjrle  of  all  writsand  process  shall  be-  The  State  of  Texas.1'  All 
>tyle  °f  Pr0"  prosecutions  shall  be  carried  on  in  the  name  and  the  authority  of 
the  " State  of  Texas,''  and  conclude,  -'against  the  peace  and  dignity 
of  the  State." 
Jurisdiction      Sec.  10.    The  District  Court  shall  have  original"  jurisdiction  of  all 
aad  power*  criminal  cases  of  all  suits  in  behalf  of  the  State  to  recover  penal- 
"f    r,istriot  tics,  forfeitures  and  escheats,  and  ot  all  cases  of  divorce,  and  of  all 
suits,  complaints,  and  pleas  whatever,  without  regard  to  any  distinc- 
tion between  law  and  equity,  when  the  matter  in  controversy  shall 
be  valued  at,  or  amount  to  one  hundred  dollars,  exclusive  of  in- 
terest ;  and  the  said  courts,  or  the  Judges  thereof,  shall  have  power 
to  issue  all  writs,  necessary  to  enforce  their  own  jurisdiction  and  to* 
give  them  a  general  superintendence  and  control  over  inferior  juris- 
dictions. And  in  the  trial  of  all  criminal  cases,  the  jury  trying  the  same 
seaf certain   ^all  un(^  an<^  assess  tae  amount  of  punishment  to  be  inflicted,  or  fine 
dues.  imposed,  except  in  capital  case.-,  and  where  the  punishment  of  fine 

imposed,  shall  be  specifically  imposed  by  law. 
Clerk  of  His  *  ^'     There  8uau  lje  a  Clerk  of  the  District  Courts  for  eacb 

trict  Conn8  county,  who  shall  be  elected  by  the  qualified  voters  for  members  of 
the  Legislature,  and  who  shall  hold  his  office  for  four  years,  subject  to 
removal  by  information,  or  by  presentment  of  a  grand  jury  and  con- 
viction by  a  petit  jury.    In  case  of  vacancy  the  Judge  of  {be  district 
shall  have  the  power  to  appoint  a  Clerk,  until  a  regular  election  cao 
be  held. 
Sec.  12.     The  Governor  shall  nominate,  and  by  aud  with  the  ad 
Obsolete  by  vlce  anu  consent  of  two-thirds  of  the  Senate,  appoint  an  Attorney 
operation  of  General,  who  shall  hold  his  office  for  two  years,  and  there  shall  be 
amendments  elected  by  joint  vote  of  both  Houses  of  the  Legislature,  a  District 
IS50     '    16'  attorney  for  each  district,  who  shall  hold  his  office  for  two  years; 
and  the  duties,  salaries  and  perquisites  of  the  Attorney  General  and 
District  Attorneys  shall  be  prescribed  by  law. 
Justices  of       Sec.  13.    There  shall  be  appointed  for  each  county  a  convenient 
tue  •Peace,  number  of  Justices  of  the  Peace,  one  Sheriff,  one  Coroner,  and  a  suffi- 
sheriff,  Coro-  cient  number  of  Constables,  who  shall  hold  their  offices  for  two 
rubies      "  years,  to  be  elected  by  the  qualified  voters  of  the  district  or  county. 
Term.  as  *ne  Legislature  may  direct.     Justices  of  the  Peace,  Sheriffs  and 

Certain  otti  Coroner's,  shall  be  commissioned  by  the  Governor.  The  Sheriff 
cerg  c»m-  shall  not  be  eligible  for  more  than  four  years  in  every  six. 
missioned.  Sec.  14.  No  Judge  shall  sit  in  any  case  wherein  he  may  be  inter  - 
Judges  shall  este(i,  or  where  either  of  the  parties  may  be  connected  with  him  by 
not  sit.  affinity  or  consanguinity,  within  such  degrees  as  may  be  prescribed  by 
law,  or  where  he  shall  have  been  of  council  in  the  cause.  When  the 
special  Supreme  Court  or  any  two  of  its  members  shall  be  thus  disqualified 
judges  to  sit  to  hear  and  determine  any  cause  or  causes  in  said  court,  or  when  no 
m  Supreme  judgment  can  be  rendered  in  any  cases  or  cases  in  said  court,  by 
be^ppointod  reason  0I"  tne  equal  division  of  opinion  of  said  Judges,  the  same 
by  the  Gov-  shall  be  certified  to  the  Governor  of.the  State,  who  shall  immediately 
ernor.  commission  the  requisite  number  of  persons  learned  in  the  law.  for 


*This  word  "  to"  is  crosaeJ  by  pencil  mark  in  original. 


33 

the  trial  and  determination  oJ  said  case  or  cases.     When  the  Judges  »n  District 
of  the  District  Court  are  thus  disqualified,  the  parties  may,  by  con-  2jJ^Jj  tb? 
sent,  appoint  a  proper  person  to  try  the  said  case  ;  and  the  Judges  T  ^par 
of  the  said  courts  may  exchange  districts,  or   bold   courts  for  each^c^™*^ 
other,  when  they  may  deem  it  expedient,  and  shall  do  so  when  di-  districts,  &c 
rected  by  law.     The  disqualification  of  Judges  of  inferior  tribunals,  Disqualifies 
shall  be  remedied  as  may  hereafter  be  by  law  prescribed.  tion  of  infe- 

Sec.  15.     Inferior  tribunals  shall  be  established  in  each  county  for  rior,  tr,'"i 
appointing  guardians,  granting  letters  testamentary  and  of  adminis- na 
tration  ;  for  settling  the  accounts  of  executors,  administrators  and  i^,,,.,,,,. 
guardians,  and  for   the   transaction  of  business  appertaining  to  es-Courte. 
tates  ;  and   the   District   Courts  shall   have  original   and  appellate 
jurisdiction,  and  general  control  over  the  said  inferior  tribunals,  and 
original  jurisdiction   and   control    over  executors,   administrators, 
guardians  and  minors,  under  such  regulations  as  may  be  prescribed 
by  law. 

£eo.  16.     In  the  trial  of  all  causes  in  equity  in  the  District  Coui' 
the  plaintiff  or  defendant,  shall,  upon   application   made   in   open  by   jury  in 
court,  have  the  right  of  trial  by  jury,  to  be  governed  by  the  rules •Vltywas*. 
nil  regulations  prescribed  in  the  trials  at  law. 

Sec.  17.    Justices  of  the  Feace  shall  have  such  civil  and  criminal  JbBttoes'  ju 
jurisdiction  as  shall  be  provided  for  by  law,  risdiction. 

Sec.  IS.  In  all  eases  arising  out  of  a  contract,  before  any  inferior  ^^1  by  jury 
judicial  tribunal,  when  the  amount  in  controversy  shall  exceed  ten  before  infer  i 
dollars,  the  plaiutiff  or  defendant  shall,  upon  application  to  the  pre-  or  tribunal* 
siding  officer,  have  the  right  of  trial  by  jury. 

Sec.  19.  In  all  cases  where  Justices  of  the  Peace,  or  other  judicial  ^tudta  eU 
officers  of  inferior  tribunals  shall  have  jurisdiction  in  the  trial  of(ruli  jq  id* 
causes,  where  the  penalty  for  the  violation  of  a  law  is  fine  or  im-  rerior  tribe 
prisonment  (except  in  cases  of  contempt)  the  accused  shall  have  the  nals in all ca 
right  of  trial  by  jury.  "jf-   wl""re- 

ARTICLE  V. 

EXECUTIVE    DEPARTMENT. 

Section  I.    The  supreme  executive  power  of  this  State  shall  begxecatlve 
vested  in  the  Chief  Magistrate,  who  shall  be  styled  the  Governor  of  power, 
the  State  of  Texas. 

Sec.  2.    The  Governor  shall  be  elected  by  the  qualilied  electors  Election  or 
of  the  State,  at  the  time  and  places  of  elections  for  members  of  the  Governor 
Legislature. 

Sec.  3.     The  returns  of  every  election  for  Governor,  until  other-  Returns  of 
wise  provided  by  law,  shall  be  made  out,  sealed  up,  and  transmitted  election 
to  the   Seat  of  Government,  and  directed  to  the  Speaker  of  the 
House  ot  Representatives,  who  shall,  during  the  first  week  of  the 
session  of  the  Legislature  thereafter,  open  and  publish  them  in  the 
presence  of  both  Houses  of  the  Legislature  ;  the  person  having  the 
highest  number  of  votes,  and  being  constitutionally  eligible,  shall 
be  declared  by  the  Speaker,  under  the  direction  of  the  Legislature 
to  be  Governor ;  but  if  two  or  more  persons  shall  have  the  highest  in  case  01  a 
and  an  equal  number  of  votes,  one.  of  them  shall   be  immediately  tl0 
chosen  Governor  by  joint  vote  ot  both   Houses  of  the    Legislature,  contested  e 
Contested  elections  for  Governor  shall  be  determined  by  both  Houses  lections    fo- 
Of  the  Legislature.  Governor 

Sbc.  4.    The  Governor  shall  hold  his  office  for  tho  term  of  two 
years  from  the  regular  time  of  installation,  and  until  bis  successor  i;Uberaatori 
shall  be  dulv  qualified  ;  but  shall  not  be  eligible  for  more  than  four  ai  terta.ani 
3 


34 

quahficat'ns  years  in  any  term  of  six  years ;  he  shall  be  at  least  thirty  years  of 
of  Governor.  age>  gliau  -^e  a  citizen  of  the  State  of  Texas,  and  shall  have  resided 

in  the  same  three  years  immediately  preceding  his  election. 
Salary.  Sec.  5.     He  shall  at  stated  times,  receive  a  compensation  for  his 

services,  which  shall  not  be  increased  or  diminished,  during  the  term 
***  **  7>  for  whicb  he  shall  have  been  elected.     The  first  Governor  shall  re- 

'         ceive  an  annual  salary  of  two  thousand  dollars  and  no  more. 
Commander-      Sec.  6.    The  Governor  shall  be  Commander-in-Chief  of  the  Army 
in-chief.        and  Navy  of  this   State  ;   and   the   Militia,  except  when   they  shall 

be  called  into  the  service  of  the  Confederate  States  of  America. 
May  require      Sec.  7.     He  may  require  information  in  writing  from  the  officers 
information   of  tne  Executive  Department,  on  any  subject  relating  to  the  duties 
tobeg.ven.    Qf  ^^  regpective  offices. 

May  convene     Sec.  8.    He  may,  by  proclamation,  on  extraordinary  occasions  con- 
and  adjourn  vene  the  Legislature  at  the  Seat   of  Government,  or  at  a  different 
Legislature    piace)  jf  that  should  be  in  the  actual  possession  of  a  public  enemy  : 
case's*         in  case  of  disagreement  between  the  two  Houses,  with  respect  _  to 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  beyond  the  day  of  the  next  regular  meeting  of  the  Leg- 
islature. 
Shall  com-        Sec.  9.    He  shall,  from  time  to  time,  give  to  the  Legislature  in- 
municate       formation,  in  writing,  of  the  state  of  the  Government,  and  recom- 
^ith  ,the      mend  to  their  consideration  such  measures  as  he  may  deem  expedient. 

Shall  see™  Sec-  10,  He  sba11  take  care  tbat  the  laWS  be  f<iitnhlllv  executed, 
lawsexect'd.  Sec.  11.  In  all  criminal  cases,  except  in  those  of  treason  and  im- 
peachment, he  shall  have  power,  after  conviction,  to  grant  reprieves 
May  grant  aQ(j  par(jons  ;  an<i  under  such  rules  as  the  Legislature  may  prescribe, 
pardons  and  be  shall  have  power  to  remit  fines  and  forfeitures.  In  cases  of  trea- 
rem  it  fines  son  he  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
and  forest-  Senate,  to  grant  reprieves  and  pardons,  and  he  may,  in  the  recess  of 
ores,  but  in  the  genate  respite  the  sentence,  until  the  end  of  the  next  session  of 
sou  the  Legislature. 

Sec.  12.     There  shall  also  be  a   Lieutenant-Governor,  who  shall 
be  chosen  at  every  election  for  Governor,  by  the  same  persons  and 

Gweraor11     in  the  same  manner'  aml   who  sha11   c0ntiuue  in  °ffice  for  the  same 

time,  and  possess  the  same  qualifications.  In  voting  for  Governor 
Election.       and  Lieutenant-Governor,  the  electors  shall  distinguish  for  whom 

they  vote  as  Governor,  and  for  whom  as  Lieutenant-Governor.  The 
Xs  as  Lieutenant-Governor  shall  by  virtue  of  his  office,  be  President  of  the 
such.    "       Senate,  and  have,  when  in  committee  of  the  whole,  a  right  to  debate 

and  vote  on  all  questions,  and  when  the  Senate  is  equally  divided  to 

give  the  casting  vote.  In  case  of  the  death,  resignation,  removal  from 
act  as  Gov  office,  inability  or  refusal  of  the  Governor  to  serve,  or  of  his  im- 
ernor.  peachment  or  absence  from  the  State,  the  Lieutenant-Governor  shall 

exercise  the  powers  and  authority  appertaining  to  the  office  of 
p  . .  ,  fGovernor,  and  shall  be  styled  Governor  of  the  State  of  Texas,  until 
senate  while  another  be  chosen  at  the  periodical  election,  and  be  duly  qualified,  or 
Lieut.  (Joy-  until  the  Governor  impeached,  absent  or  disabled,  shall  be  acquitted, 
ernor  acts  as  return,  or  his  disability  be  removed.  The  Governor  and  Lieutenant- 
Governor.      Qovernor  shall  hereafter  be  installed  into  office  on  the  first  Thursday 

after  the  first  Monday  of  November,  A.  I).  1861,  and  on  the  same 

day  every  two  years  thereafter. 
■  d  ,  Sec.  13.  Whenever  the  government  shall  be  administered  by  the 
proC  tem6  of  Lieutenant-Governor,  or  he  shall  be  unable  to  attend  as  President  of 
Senate  shall  the  Senate,  the  Senate  shall  elect  one  of  their  own  members  as  Pres- 
actasGover- j<jent  for  the  time  being.  And  if,  during  the  vacancy  of  the  office 
nor,  when.    of  GOTernor,  the  Lieutenant-Governor  shall   die,  resign,  refuse  to 

serve,  or  be  removed  from  office,  or  be  unable  to  serve,  or  if  he  shall 


35 

be  impeached,  01  be  absent  from  the  Stated  the  President  ol  tbe  Senate 
for  the  time  being,  shall,  in  like  manner,  administer  the  government 
until  he  shall  be  superceded  by  a  Governor  or  Lieutenant-Governor  ; 
the  Lieutenant-Governor  shall,  whilst  he  acts  as  President  of  the Compenat'ii 
Senate  receive  for  his  services  the  same  compensation  which  shall  be  °[)rLt' Gover- 
allowcd  to  the  Speaker  of  the  llouse  of  Representatives,  and  no 
more,  and  during  the  I  oinisters  the  government  as  Gover- 

nor, shall  receive  the  same  compensation  which  the  Governor  would  t'ompensat  u 
have  received   had  he  been  employed  in  the  duties  of  his  office,  and"      ^.e°f 
no  more.     The  President  tor  the  time  heing  of  the  Senate  shall,  dur-  senate  while 
ing  the  time  he  administers  the  government,  receive  in  like  manner  acting   as 
the   same  compensation  which    the  Governor  would    have  received  Governor, 
had  he  been  employed  in  the  duties  of  his  office.    It  the  Lieutenant- 
Governor  shall  be  require!  to  administer  the  government,  and  shall,  de-mV^.  0( 
whilst  in  such  administration  die.  resign,  or    be  absent    from  the  Lt.GoV., act- 
State,  during  the  recess  of  the  Legislature,  it  shall  be  the  duty  of  iug  as  Gov. 
the  Secretary   of  State,  to  convene  the  Senate  for  the  purpose  of  J^1 V recess 
choosing  a  President  for  the  time  I 
SEC.  14.     There  shall  be  a  seal  of  State,  which  shall  be  kepi    by 

\ernor  and  used  by  him  officially.     The  said  seal  shall  be  a  Stat 
star  of  five  points,  encircled  by  an  olive  and  live  oak  branches,  and 
the  words  '■  The  State  of  Texas." 

Sec.  15.     All   commi  I    be  in  the  name  and  by  the  au- 

thoi  ate  o!   Texas,  be  sealed   with    the  State  Seal,  signed  Commission* 

by  the  Governor  and  attested  by  the  Secretary  of  State. 

Sec  16.     There   shall    be  a   Secretary  ot    State,   who   shall    be  Scc,.e(ary  llf 
appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  state. 
the  Senate,  and  shall  continue  in  office  during  the  term  of  service  of 
the  Governor  elect.     lie  shall  keep  a  fair  register  of  all  official  acts^erra    " 
and  proceedings  of  the  Governor,  and  shall,  when  required  lay  the 
the  6ame  and  all  papers,  minutes  and  vouchers,  relative  thereto,  be-  Duties. 
tore  the  Legislature,  or  either  House  thereof,  and  shall  perform  such 
other  duties  as  may  be  required  of  him  by  law. 

Sec.  17.     Every  bill  which  shall  have  passed  both  Houses  of  the  Approval  of 
Legislature  shall  be  presented  to  the  Governor;  if  he  approve,  he  laws. 
shall  sign  it :  but  if  not,  he  shall  return  it  with  his  objections  to  the  „ 
House   in  which  it  shall  have  originated,  who  shall  enter  the  ob-    '  °1>0 
oils  at  large  upon  the  journals  and  proceed  to  reconsider  it  ;  it'. 
such  reconsideration,  two  thirds  of  the  members  present  shall 
agree  to  pass  the  bill.it  shall  be  sent,  with  the  objections,  to  the 
other  House, by  which  it  shall  likewise  be  reconsidered  ;  if  approved 
by  two-thirds  of  the  members  present,  of  that  House,  it  shall   be- 
come a  law :  but  in  such  cases  the  votes  of  both  Houses  shall  be  de- 
termined by  yeas  and  nays,  and  the  names  of  the  members  voting  for 
or  against  the  bill,  shall  be  entered  on  the  journals  of  each  House 
respectively  :   if  any  bill   shall   not  be  returned  by  the  Governor 
within  five  days,  Sundays  excepted,  after  it  shall  have  been  pre- 
sented to  him,  the   same  shall  be  a  law  in  like  manner,  as  if  he 
had  signed  it.    Every  bill  presented  to  the- Governor  one  day  previ- 
ous to  the  adjournment  of  the  Legislature,  and  not  returned  to  the  furncd  tobe- 
House  in  which  it  originated  before  its  adjournment,  shall  become  a  oomelaws.1 
law.  and  have  the  same  force  and  effect  as  if  signed  by  the  Governor. 

Sec.  18.  Every  order,  resolution  or  vote,  to  which  the  concurrence  ToJnl  rc;olu. 
of  both  Houses  of  the  Legislature  may  be  necessary,  except  on  tiona,  orders 
questions  of  adjournment,  shall  be  presented  to  the  Governor,  and  &c.,tobeap- 
before  it  shall  take  effect,  bo  approved  by  him;  or  being  disap-  proved  by 
proved,  shall  be  repassed  by  both  Houses,  according  to  tbe  rules  and  the  Gover" 
limitations  prescribed  in  the  case  of  a  bill. 


36 

Notaries  Sac.  19.     The  Governor,  fay  and  with  the  advice  and  consent  of 

public.  two-thirds  of  the  Senate,  shall  appoint  a  convenient  number  of  No- 

taries Public,  act  exceeding  six  for  each  county,  who,  in  addition  to 
such  duties  us  :vre  prescribed  by  law,  shall  discharge  such  other 
duties  as  the  Legislature  may  from  time  to  time  prescribe. 

Bbminations  Sec.  20.  Nominations  to  fill  vacancies  that  may  have  occurred 
during  the  rece-b,  shall  be  made  to  the  Senate  during  the  first  Leu 
days  of  its  session.  And  should  any  nomination  so  made  be  rejected, 
the  same  individual  shall  not  again  be  nominated  during  the  session 
to  fill  the  same  office.  And  should  the  Governor  fail  to  make  nomi- 
nations to  fill  any  vacancy  during  the  session  of  the  Senate,  such 
vacancy  shall  not  be  filled  by  the  Governor  until  the  next  meeting 
of  the  Senate. 
ernor'e        Sec.  21.    The  Governor  shall   reside,  during   the   session  of  the 

residence.      Legislature,  at  the  place  where  the  sessions  may  be  held,  and  at  aii 

other  times  whenever,  in  their  opinion,  the  public  good  may  require. 

ooother     Sec.  22.    No  person  holding  the  office  of  Governor,  shall  hold  any 

other  office  or  commission,  civil  or  military. 

Sec.  23.    A  State  Treasurer,  and  Comptroller  of  public  accounts 

iir'':iVvl1^r' shall  be   biennially  elected,  by   the  joint  ballot  of  both  Houses  of 
counts1  *ne  Legislature,  and  in  case  of  vacancy  in  either  of  said  offices,  dnr- 

tc.  '  ing  the  recess  of  the  Legislature,  such  vacancy  shall  be  filled  by  the 

see  amend    Governor,  which  appointment  shall  continue 

S»tsee.a4"  noTt  Bession  of  fh"  Legislature  thereafter. 

art.  ft. 

ARTICLE    VI. 
MILITIA. 

>r^iu?7.Ht  l&      ^EC"   '  Pgislattrre  shall  provide  bylaw  for  organ'-   ig  ihd 

disciplined,    disciplining  the  Militia  of  this   State,  in  such  manner  as  they  shall 

deem  expedient,  not  incompatible  with  the  Constitution  and  laws  of 
scruples  to   the  ''Confederate  States  of  America/'  in  relation  thereto. 
i>ear  arms.        gEC   <>.     Any  person  who  conscientiously  scruples  to  bear  arms 
Ministers  of  shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent  for  per- 
ihe  Cospel    sonal  service. 

Tree  from  Sec.  3.     No  licensed  Minister  of  the  Gospel  shall  be  required  to 

ccs"       perform  military  dutv,  work  on  roads,  or  serve  on  juries  in  this  State. 

m£  ca'lfout      Sec-  4"    The  Governor  shall  have  power  to  call  forth  the  Militia 

ihe  militia,   to  execute  the  laws  of  the  State,  to  suppress  insurrections,  and  to 

repel  invasions.. 

ARTICLE  VII. 

GENERAL    PROVISIONS. 

Section.  1.    Members  of  the   Legislature,  and  aii  officers  of  the 

State  of  Texas,  before  they  enter  upon  the  duties  of  their  offices, 

shall  take  the  following  oath  or  affirmation  : 

<!>9Bcial  oath .      I,  (A.  B.)  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  and 

impartially  discharge  and  perform  all  the  duties  incumbent  on  me  as 

,  according  to  the  best  of  my  skill  and  ability, 

agreeably  to  the  Constitution  and  laws  of  the  State  of  Texas,  and  i 

also  to    the  Constitution  and  laws  of    the  Confederate  States  of 

America,  so  long  as  the  State  of  Texas  shall  remain  a  member  of 

Duelling   that  Confederacy.     And  I  do  further  solemnly  swear  (or  affirm)  that 

oath.         '  since  the  second  day  of  March,  A.  D.  1861. 1,  being  a  citizen  of  this 


31 

State,  have  not  fought  udael  with  deadly  weap  >us,  within  this  State  Due ' ' ' n r 
nor  out  of  it,  nor  have  I  sent  or  accepted  ft  challenge  to  tight  a  duel  oa 
with  deadly  weapons ;  nor  have  I  acted  as  se  .Trying  a  chal- 

lenge, or  (tided,  ftdvisi  -  ed  any  i«'i-  >•>  il    -  .  Sending  -so 

help  me  God." 

Sec.  2.    Treason  against  Khia  State  shall      insist  only  in  Idvyii 
war  against  it.  or  in  adhering  to  its  enemies    giving  them  aid  and 
comfort ;  and  no  person  shall  b<?  senvioted  Bm 

the  testimony  of  two  witnesses  to  the  -  wn 

confession  in  open  court. 

Bec    3      {'very  person  shall  be  disqualified  from  holding  any  office  Bribery 
ol  trust  or  profit  in   this   State,  who  shall  have   been  convicted   or 
having  given  or  offer-/  I  e   to  procure  his  (lection  or  appoint- 

ment 

Sec.  4.     Laws  shal:   be  ma        to  exclude  from  office,  serving  on  Criminals 
lories,  and  from  the  right  of  suffrage  rho    shall  hereafter  *Jreluded 

be  convicted  ol  bribery,  perj  iry  forgery,  or  other  high  crimes.    The  [™,™p"-reS 
privilege  of  free  suffrare  shall  be  supported  by  lav  '    *lg(,  Be. 

tions,  and  prohil  ,  ■  urod 

;  in)  ill 

ice. 

Sec  .r>.     Any        .  s  State   who   Bhall    ,'.;.■:  the  21  day  of  Persons 

March,  A.  D.  l£6l,  tight.*  duel  with  deadly  w<  [<og  oi 

cept  a  challenge  to  fight  a  duel  with  de  .  'it  her  within  ^p"^™* 

the  State  or  out  ol   it      Kwi  abwingly  aid  ded 'from 

and  assii ;   i     any  mannei . 
holdiDg  an  - 

8»c.  6.    In  all  el 
until 

the  Senate  and  H 
vote  shall  1  tions. 

I  ■ 
tion  of  of  ofl 

vided  for  bj  extra  compel  'frc- 

to  anj  it.  or  public  contractor,  after  such  public 

D  performed,  or  I  fbr  the 

berforman  ■  grant  byspproprl 

any  amoun  .  indi- 

vidual on  a  Bhall  not  have 

been  pro- i  !  og  law:  provided/that  nothing  In 

this  se  I]  be  so  construed  as  to  affect  the  claims  of  persons 

against  the  Republic  of  Texas.  her< 

Sbo.  8,    No  money  shall  be  drawn  from  the  Treasury  1  iroprla 

ance  of  specific  appropriations  made  by  law  .  not  eh;>ll  any  rtpj 
priation  o*.  money  be  made  foi  a  longe  ,  except 

for  purpoBi  no  appropriation  for  private  or  indi- 

vidual purpoqes,or  purposes  of  internal  improvement,  shall  be  made, 
without    :  e  of  two-thirds  of  hot!  Legit 

MOre,     A  r'  .  rid    expendi- published 

lutes  ol  all  public  \   onej  i  published  annually  in  such  manner  annually, 

as  sha.  w.     And  in  no  case  shall  the  Legislature 

have  the  power  to  iesue"T«  isnryWari     I  .   '-   ;■  V  ,ri,™ed^5 

o:  paper  of  any  des  ripti  m  intended  1  i 
Sko.  9.     Ail  civil  officers  shall  reside  within   I  .  :  . 

.  county  officers,  with'n  their  d 
shall  ke  p  theii  ofl    es  at  such  l  ■    t  by 

Sec.   10.     The  duration  of  all  offices  not  i 
shall  nevei  e  ■  ■  eed  fi    r  y< 


38 


Absence 
from  the 
State. 


Deductions 
for  neglect 
of  duty. 

Members  of 
Congress  and 
others,  ineli- 
gible. 


Change  of 
venue.  Pen- 
itentiary. 

Arbitration. 


Revision  and 
digest  of 
laws. 


Divorce. 

Marital 

rights. 


Rights  of 
property  and 
of  action  ac- 
quired un- 
der the  Re- 
public, &c. 


Void  titles, 
claims,  and 
grants. 


Property  ex- 
empt from 
foroed  sale. 


Cases  when 
officers  shall 
hold  over. 


Sec.  11.  Absence  on  tbe  business  of  this  State,  or  the  ••Confede- 
rate States  of  America,"  shall  not  forfeit  a  residence  once  obtained, 
so  as  to  deprive  any  one  of  the  right  of  suffrage,  or  of  being  elected 
or  appointed  +o  any  office,  under  the  exceptions  contained  in  this 
Constitution. 

_  Sec.  12.  The  Legislature  shall  hive  power  to  provide  for  deduc- 
tions from  the  salaries  of  public  officers,  who  may  neglect  the  per- 
formance of  any  duty  that  may  be  assigned  them  by  law. 

Sec.  13.  No  member  of  Congress,  or  person  holding  or  exercising 
any  office  of  profit  or  trust  under  the  "  Confederate  States  of  Amer- 
ica," or  either  of  them,  or  under  any  foreign  power,  shall  be  eligible 
as  a  member  of  the  Legislature,  or  hold"  or  exercise  any  office  of 
profit  or  trust  under  this  State. 

Sec.  14.  The  Legislature  shall  provide  for  a  change  of  venue  in 
civil  and  criminal  cases;  and  for  the  erection  of  a  Penitentiary  at  as 
early  a  day  as  practicable. 

Sec.  15.  It  shall  be  the  duty  of  the  Legislature  to  pass  such  laws 
as  may  be  necessaiy  and  proper,  to  decide  differences  by  arbitration, 
when  the  parties  shall  elect  that  method  of  trial. 

Sec.  16.  Within  three  years  after  the  2d  day  of  March,  A.  D., 
1861,  the  laws,  civil  and  criminal,  shall  be  revised,  digested,  ar- 
ranged and  published,  in  such  manner  as  the  Legislature  shall  di- 
rect;  and  a  like  revision,  digest  and  publication  shall  be  made  every 
ten  years  thereafter. 

Sec.  17.  No  lottery  shall  be  authorized  by  this  State  :  and  the 
buying  or  selling  of  lottery  tickets  within  this  State  is  prohibited. 

Sec  18.    No  divorce  shall  be  granted  by  the  Legislature. 

Sec.  19.  All  property,  both  real  and  personal,  of  the  wife,  owned 
or  claimed  by  her  before  marriage,  and  that  acquired  afterwards  by 
gift,  devise,  or  descent,  shall  be  her  separate  property  ;  and  laws 
shall  be  passed  more  clearly  defining  the  rights  of  the  wife,  in  rela- 
tion as  well  to  her  separate  property  as  that  held  in  common  with 
her  husband.  Laws  shall  also  be  passed  providing  for  tbe  registra- 
tion of  the  wife's  separate  property. 

Sec.  20.  The  rights  of  property  and  of  action  which  have  been 
acquired  under  the  Constitution  and  laws  of  the  Republic  of  Texas 
shall  not  be  divested ;  nor  shall  any  rights  or  actions,  which  have 
been  divesteu,  barred,  or  declared  null  and  void,  by  the  Constitution 
and  laws  of  the  Republic  of  Texas,  be  re-invested,  revi[v]sed  or  rein- 
stated by  this  Constitution  ;  but  the  same  shall  remain  precisely  in 
the  situation  which  they  were  before  the  adoption  of  this  Consti- 
tution. 

Sec.  21.  All  claims,  locations,  surveys,  grants  and  titles  to  land, 
which  are  declared  null  and  void  by  the  Constitution  of  the  Re- 
public of  Texas,  are,  and  the  same  shall  remain  forever  null  and 
void. 

Sec.  22.  The  Legislature  shall  have  power  to  protect  bylaw  from 
forced  sale  a  certain  portion  ol  the  property  of  all  heads  of  families. 
The  homestead  of  a  family,  not  to  exceed  two  hundred  acres  of 
land,  (not  included  in  a  town  or  city ;)  or  any  town  or  city  lot  or 
lots,  in  value  not  to  exceed  two  thousand  dollars,  shall  not  be  sub- 
ject to  forced  sale,  for  any  debt  hereafter  contracted ;  nor  shall  the 
owner,  if  a  married  man.  be  at  liberty  to  alieaate  the  same,  unless 
by  the  consent  of  the  wife,  in  such  manner  as  the  Legislature  may 
hereafter  point  out. 

Sec.  23.  The  Legislature  shall  provide  in  what  cases  officers  shall 
continue  to  perform  the  duties  of  their  offices,  until  their  successors 
shall  be  duly  qualified. 


39 

Sec,  24.  Every  law  enacted  by  the  Legislature  shall  embrace  but  Laws  to  em- 
one  object,  and  that  shall  be  expressed  in  the  title.  onTob'ect 

Sec.  25.  No  law  shall  be  revised  or  amended  by  reference  to  its  .  . 
title  ;  but  in  such  case  the  act  revised,  or  section  amended,  shall  be  0(  iaws 
re-enacted  and  republished  at  length. 

Sec.  26.  No  person  shall  hold  or  exercise,  at  the  same  time,  more  Jo^^^re 
than  one  civil  office  ot  emolument,  except  that  of  Justice  of  the  than  one  of 
Peace.  flee,  except. 

Skc.  27.  Taxation  shall  be  equal  and  uniform  throughout  the  State. 
All  property  in  this  State  shall  be  taxed  iu  proportion  to  its  value,  Taxation 
to  be  ascertained  as  directed  by  law,  except  such  property  as  two- 
thirds  of  both  Houses  of  the  Legislature  may  thiuk  proper  to  exempt 
from  taxation.  The  Legislature  shall  have  power  to  lay  an  income 
tax,  and  to  tax  all  persons  pursuing  any  occupation,  trade  or  pro- 
fession :  Provided,  that  the  term  occupation  shall  not  be  construed 
to  apply  to  pursuits  either  agricultural  or  mechanical. 

Sec.  28.    The  Legislature  shall  have  power  to  provide  by  law  for  proporty  ex 
exempting  from  taxation  two  hundred  and  fifty  dollars  worth  of  the  empt  from 
household  furniture,  or  other  property,  belonging  to  each  family  in  taxation, 
this  State. 

Sec.  29.  The  Assessor  and  Collector  of  taxes,  shall  be  appointed  Assessors  ft 
in  such  manner,  and  uuder  such  regulations,  as  the  Legislature  may  ^[^tor8 
direct. 

Sec  oQ.  No  corporate  body  shall  hereafter  be  created,  renewed,  Banking  pro- 
or  extended,  with  banking  or  discounting  privileges.  hibited. 

Sec  31.  No  private  corporation  shall  be  created,  unless  the  bill  xwo-thirda 
creating  it  shall  be  passed  by  two-thirds  of  both  Houses  of  the  Legis-  of  Leg.  may 
lature  ;  and  two-thirds  of  the  Legislature  shall  have  power  to  revoke  pass  or  re- 
and  repeal  all  private  corporations,  by  making  compensation  for  the  ^Doraf t0r 
franchise.  And  the  State  shall  not  be  part  owner  of  the  stock,  or  stafe  not°t» 
property,  belonging  to  any  corporation.  own  stock 

Skc.  S2.  The  Legislature  shall  prohibit  by  law  individuals  from  A11  paper 
issuing  bill*,  checks,  promissory  notes  or  other  paper,  to  circulate  as  money  pro 
money.  hibited. 

Sec.  33.     The  aggregate  amount  of  debt-  hereafter  contracted  by 
the  Legislature  shall  not  exceed  the  sumo''  five  hundred  thousand  state  debts, 
dollars,  ($500,000)  (except  in  case  of  war.  to  repel  invasion  or  sup- 
press insurrection.)   unless   under  the  following  restrictions  ;  that  Loans, 
whenever  a  debt  shall  be  contracted  exceeding  that  amount,  the  law 
authorizing  the  same  shall  impose  and  provide  for  the  collection  of  Direct  aQQIJ. 
a  direct  annual  tax.  sufficient  to  pay  the  interest  on  such  debt,  as  it  ai  tax  to  bo 
fails  due,  and  also  to  pay  and  discharge  the  principal  of  such  debt  levied, 
within  eighteen  years  from  the  time  of  the  contracting  thereof.    On 
the  final  passage  of  such  law,  in  either  House  of  the  Legislature,  the 
question  shall  be  taken  by  yeas  and  nays,  and  be  duly  entered  on  Yeas  k  nays 
the  journals  thereof.     If  no  debt  shall  have  been  contracted  in  pur-  to  be  had. 
suance  of  such  law,  the  Legislature  may  repeal  the  same,  or  if  a  por- 
tion of  the  debt  authorized  shall  have  been  contracted,  the  Legisla- 
ture may,  at  any  time,  by  law  forbid  the  contracting  of  any  further 
debt  or  liability  under  such  law  ;  but  the  tax  imposed  by  such  act, 
in  proportion  to  the  debt  and  liability  which  may  have  been  con- 
tracted in  pursuance  of  such  law,  shall  remain  in  force  and  be  irre- 
pealable,  and  be  annually  collected  until  the  proceeds  thereof  shall 
have  made  full  provision  to  pay  and  discharge  the  interest  and  prin- 
cipal of  such  debt  and  liability.     The  money  arising  from  any  loan  or 
stock  creating  such  debt  or  liability,  shall  be  applied  to  the  object 
or  objects  specified  in  the  act  authorizing  such  debtor  liability,  or  to 
the  re-payment  of  the  same,  and  for  no  other  purpose  whatever.    No 


40 

part  of  the  specific  tax  authorized  by  this  section  shall  be  appropri- 
ated or  set  apart  for  any  other  purpose  whatever,  but  exclusively  to 
the  payment  of  the  interest  and  principal  of  such  debt. 
New  ccuc        Sec.  34.    The  Legislature  shall,  at  the  first  session  thereof,  and 
tiee.  mav  at,  any  subsequent  session,  establish  new  counties  for  the  conve- 

aience  of  the  inhabitants  of  such  new  county  or  counties.  Provided, 
that  no  new  county  shall  be  established,  which  shall  reduce  the 
county  or  counties,  or  either  of  them,  from  which  it  shall  be  taken, 
to  a  less  area  than  nine  hundred  square  miles,  (except  the  county  of 
Bowie,)  unless  by  consent  of  two-thirds  of  the  Legislature,  nor  shall 
any  county  be  laid  off  of  less  contents.  Every  new  county,  as  to 
the  right  of  suffrage  and  representation,  shall  be  considered  as  part 
of  the  county  or  counties  from  which  it  was  taken  until  entitled  by 
numbers  to  the  right  of  separate  representation. 
Oaartennc  ^EC'  ^"  ^°  so^er  shall,  in  time  of  peace,  be  quartered  in  the 
of  soldiers,  house  or  within  the  enclosure  of  any  individual  without  the  consent 
of  the  owner,  nor  in  time  of  war,  but  in  a  manner  prescribed  by 

<£*ernorc  Sec*  36-     Tne  saiaries  of  the  Governor,  and  Judges  of  the  Su- 

and  judges,  preme  and  District  Courts,  are  hereby  fixed  at  the  minimum  estab- 

Art4SecV,  lished  in  the  Constitution,  and  shall  not  be  increased  for  ten  years. 
Art  5  Sec  7. 

MODE  OP  AMENDING  THE  CONSTITUTION. 
Sec.  37.  The  Legislature,  by  a  vote  of  two-thirds  of  all  the  mem 
Mod©  of  am-  j)ers  0f  eacn  House  shall  have  the  power  to  call  a  Convention  of  the 
"Jjj[ffl  people  for  the  purpose  of  altering,  reforming,  or  amending  the  Con- 
stitution. The  Legislature,  at  any  regular  biennial  session,  by  a  vote 
of  two-thirds  of  each  House,  may  propose  amendments  to  the  Con- 
stitution, which  proposed  amendments  shall  be  duly  published  in  the 
public  prints  of  the  State  at  least  three  months  before  the  next  gen- 
eral election  thereafter  for  Representatives  to  the  Legislature,  for 
tho  consideration  of  the  people,  and  it  shall  be  the  duty  of  the  several 
returning  officers  at  said  general  election  to  open  a  poll  for,  and 
make  a  return  to  the  Secretary  of  State  of  the  number  of  votes  cast 
at  Baid  election,  for  arid  against  said  amendment ;  and  if  more  than 
one  be  proposed,  then  the  number  of  votes  cast  for  and  against  each 
of  them ;  and  if  it  shall  appear  from  said  return  that  a  majority 
of  the  votes  cast  upon  said  proposed  amendment  or  amendments 
have  been  cast  in  favor  of  the  same,  and  two-thirds  of  each  branch 
of  the  Legislature,  at  the  next  regular  session  thereafter,  shall 
ratify  said  proposed  amendment  or  amendments  so  voted  upon  by 
the  people,  the  same  shall  be  valid  to  all  intents  and  purposes,  as 
parts  of  the  Constitution  of  the  State  of  Texas.  Provided,  that  the 
said  proposed  amendments  shall,  at  each  of  said  sessions,  have  been 
read  on  three  several  days  in  each  House  of  the  Legislature,  and  the 
vote  thereon  shall  have  been  taken  by  yeas  and  nays.  And  provided 
further,  that  the  rule  in  the  above  proviso  shall  never  be  suspended 
by  either  of  said  Houses. 

ARTICLE   VIII. 
SLAVES. 

w«  ejBMc,        Section  1.    The  Legislature  shall  have  no  power  to  pass  laws  for 
nYtoa  cf      the  emancipation  of  slaves. 

slaves.  Sec.  2.    No  citizen,  or  other  person  residing  in  this  State,  shall 

have  power  by  deed  or  will,  to  take  effect  in  this  State,  or  out  of  it. 


41 

in  any  manner  whatsoever,  directly  or  indirectly,  to  emancipate  his 
;;lave  or  slaves. 

Sec.  3.    The  Legislature  shall  have  no  power   to  p«i^  Miy  law  to  !mi;, 
prevent  immigrants  to  this  State,  from  bringing  with  them  such  per-  shall  not  be 
sons  of  the  negro  race  as  are  deemed  slaves  by  the  laws  of  any  of  prohibited 
the  Confederate  States  of  America.    Provided,  that  slaves  -who  have  j*"" 
committed  any  felony  may  be  excluded  from  this  State.  slave? 

Sec.  4.     In  the  prosecution  of  slaves  for  crimes  of  a  higher  grade 
than  petit  larceny,  the  Legislature  shall  have  no  power  to  deprive  TTial 
them  of  a  trial  by  jury,  except  in  cases  arising  under  the  laws 
cerning  insurrection  of  slaves. 

Sec.  5.     Any  person  who  shall  maliciously  dismember,  or  deprive 
a  slave  of  life,  shall  suffer  such  punishment,  as  would  be  inflicted  in  ""' 
case  the  like  offence  Lad  been  committed  upon  :•.  free  white  person,  person  of 
and  on  the  like  prool  :  except  when  such  slave  has  committed,  or 
attempted  to  commit,  a  rape  on  a  white  female,  oi    ii 
rection  of  such  slave. 

8SC  f».     The  Legislature  shall  have  power  to  pa- 
eat  them  with  human 

ARTICLE   IX. 

IMPEACHMENT. 

■oachment 
House  o;  Representatives. 

Sec.  2.    Impeachment  of  the  Governor,  Lii 
tomey-General,  Secretary  of  State,  Treasurer.   Comptroller,  and 
the  Judges  of  the  District  Courts,  shall  bo  tried  I 

Sec.  o.     Impeachments  of  Judges  of  the  Suprc 
tried  by  the  Senate.     When  sitting  as  a  pour t  of 
Senators  shall  be  upon  oath  or  aftirmatioc,  and 
convicted   without   th<  once  of  two-thii 

present. 

Seo.  4.    Judgment,  in  cases  of  impeachment,  shi  only  to  p^ 

removal  from  office,  and  disqualification  from  holding  any   office  of  judgment 
honor,  trust  or  profit,  under  this  State  ;  but  the 
shall,  nevertheless,  be  sul 
according  to  law. 

Sec.  5.    All  officers  against  whom  articles  0 
preferred,  shall  be  suspended  from  the  exeiv.  of  their  peaci)ed 

office,  during  the  pendency  of  such  impeachmen!.    The  appointing  sha;. 
power  may  make  a  provisional  appointment  to  fill  ;  :  i  vacancy  occa-  P 
sioned  by  the  suspension  of  an  officer,  until  the  de  ision  on  the  im- 
peachment. 

Sec.  C.     The  Legislature  shall  provide  for  ament,  lAWS  mjUe 

and  removal  from  office,  of  all  other  officers  of  to  .    ndict-  for  trial,  &c. 

ment  or  otherwise.  01cr 

ARTICLE  .\. 

EDUCATION. 

Section  1.     A  general  diffusion  of  knowledge  f-ential  to 

the  preservation  of  the  rights  and  liberties  of  the  people,  it  shall ' 
be  the  duty  of  the  Legislature  of  this  State  to  mane  suitable  pi 
sions  for  the  support  and  maintenance  of  public  schools 


42 


Provision  for 
free  schools 
by  taxation. 


One  tenth  of 
annual  reve- 
nue to  be  set 
apart,  &c. 


School  lands 
to  be  leased 
only. 


School  lands 
to  counties 
not  received. 


8gC.  2.  The  Legislature  shall,  as  early  as  practicable,  establish 
free  schools  throughout  the  State,  and  shall  furnish  means  for  their 
support,  by  taxation  on  property  :  And  it  shall  be  the  duty  of  the 
Legislature  to  set  apart  not  less  than  one-tenth  of  the  annual  revenue 
of  the  State  derivable  from  taxation,  as  a  perpetual  fund,  which  fund 
shall  be  appropriated  to  the  support  of  free  public  schools,  and  no 
law  shall  ever  be  made  diverting  said  fund  to  any  other  use  ;  and 
until  such  time  as  the  Legislature  shall  provide  for  the  establishment 
of  such  schools  in  the  several  Districts  of  the  State,  the  fund  thus 
created  shall  remain  as  a  charge  against  the  State,  passed  to  the  credit 
of  the  free  common  school  fund. 

Sjso.  3.  All  public  lands  which  have  been  heretofore,  or  which 
may  hereafter  be  granted  for  public  schools,  to  the  various  counties, 
or  other  political  divisions  in  this  Slate,  shall  not  be  alienated  in 
fee,  nor  disposed  of  otherwise  than  by  lease  for  a  term  not  exceed- 
ing twenty  years,  in  such  manner  as  the  Legislature  may  direct. 

Sec.  4.  The  several  counties  in  this  State  which  have  not  received 
their  quantum  of  lands  for  the  purposes  of  education,  shall  be  enti- 
tled to  the  same  quantity  heretofore  appropriated  by  the  Congress  of 
the  Republic  of  Texas  to  other  counties. 


Fraud  u  lent 
land  claims. 


Courts  to  be 
open  for  es- 
tablishment 
of  certain 
land  claims, 
until  a  cer- 
tain pencil. 


Aftor  that 
time  all  de- 
clared null 
and  void. 


ARTICLE  XI 

Section'  1.  All  certificates  for  head-right  claims  to  land,  issued 
to  fictitious  persons,  or  which  were  forged,  and  ail  locations  and 
surveys  thereon,  are.  and  the  same  were  null  and  void  from  the 
beginning. 

Sec.  2.  The  District  Courts  shall  be  opened  until  the  first  day  of 
July,  one  thousand  eight  hundred  and  forty-seven,  for  the  establish- 
ment of  certificates  for  head-rights,  not  recommended  by  the  Com- 
missioners appointed  under  the  act  to  detect  fraudulent  land  certifi- 
cates, and  to  provide  for  issuing  pitents  to  legal  claimants  :  and  the 
parties  suing  shall  produce  the  like  proof,  and  be  subjected  to  the 
requisitions  which  were  necessary,  and  were  prescribed  by  law  to 
sustain  the  original  application  for  the  said  certificates,  and  all  certi- 
ficates above  referred  to.  not  established  or  sued  upon  before  the 
period  limited,  shall  be  barred,  and  the  said  certificates  and  all  lo- 
cations and  surveys  thereon,  shall  be  forever  null  android  ; — and  all 
re-locations  made  on  such  surveys  shall  not  ba  disturbed  nntil  the 
certificates  are  established  as  above  directed. 


(ien'l  Land 
Office. 


Subordinate 
offices. 


ARTICLE  XII. 

LAND   OFFICE. 

Section  1.  There  shall  be  one  general  Land  Office  ia  the  State, 
which  shall  be  at  the  seat  of  government,  where  all  titles  which  have 
heretofore  emanated,  or  may  hereafter  emanate  from  Government, 
shall  be  registered  ;  and  the  Legislature  may  establish,  from  time  to 
time,  such  subordinate  offices  as  they  may  deem  requisite 

ARTICLE  XIII. 


SCHEDULE. 
Process  issu 

ed  under  Re-     Section  1.    That  no   inconvenience  may  arise  from  a  change  of 
vaiid.0  t0  be  seParate  natural  [national]  Government,  to  a  State  Government,  it 


43 

is  declared,  that  ail  process,  which  shall  be  issued  in  the  name  of  the  process  issn 
Republic  of  Texas,  prior  to  the  orgaaizatioa  of  the  State  Government  ^Xto  be 
under  this  Constitution,  shall  be  as  valid  as  if  issued  in  the  name  ot 
the  State  of  Texas. 

Sec.  2.     The  validity  of  all  bonds  and  reco^uiziaces.  executed  in  Bonds-,    i>ro 
conformity  with  the  Constitution  and  lasvs  of  the  Republic  of  1 '  ■  <■ 

shall  not  be  impaired  by  the  change  of  government,  but  may  be  sued  to  be  va    I 
for  and  recovered  in  the  name  of  the  Governor  of  the  State  of  Te>.  i 
and  all  criminal  prosecutions,  or  penal   actions,  which  shall  have 
arisen,  prior  to  the  organization  of  the  State  government  under  this  gu  ,  ta   d(. 
Constitution,  in  any  of  the  Courts  of  the  Republic  of  Texas,  shall  be  pending    io 
prosecuted   to  judgment  and  execution  in  the  name  of  said  State.  «J»ur»  of  the 
All  suits  at  law  and  equity,  which  may  be  depending  in  any  of  the  ' 
Courts  of  the  Republic  of  Texas,  prior  to  the  organization  ot     le      «eoutions 
State  Government  under  this  Constitution,  shall  be  transferred  to  the 
proper  court  of  the  State,  which  shall  have  jurisdiction  of  the  sub- 
ject-matter thereof. 

Sec.  3.    All  laws  and  parts  of  laws  now  iu  force  in  the  State  of  Laws  to  bo 
Texas,  which  are  not  repugnant  to  the  Constitution  of  the  Conteder-  continued  iu 
ate  States  of  America,  or  the  Constitution  of  this  State,  shall  continue  forc('- '  ■  **■ 
and  remain  in  force  as  the  laws  of  this  State,  until  they  expire  by 
their  own  limitation,  or  shall  be  altered  or  repealed  by  the  Legis- 
lature. 

Sec.  4.     All  fines,  penalties,  forfeitures  and  escheats  which  have  Fines,  forfei 
accrued  to  the  Republic  of  Texas  under  the  Constitution  and  lawa'c.hoauawbicu 
shall  accrue  to  the  State  of  Texas  ;  and  the  Legislature  shall,  by  law,  ir'cnieci  t<> 
provide  a  method  for  determining  what  lands  may  have  been  for-  theRepublic. 
feited  or  escheated. 

[Sections  5,  f>.  7.  8  and  1 1,  i elate  eutirely  to  the  change  from  the 
''Republic'-'  to  the  ••  State"  of  Texas,  in  1845-6,  and  being  now  obso- 
lete, are  omitted.] 

Ssc.  9.  It  shall  be  the  duty  of  the  President  of  Texas,  irnmedi-  JSJ^^Jc 
ately  after  the  inauguration  of  the  Governor,  to  deliver  to  him  all  tne'  g07eru. 
records,  public  money,  documents,  archives,  and  public  property,  meat  &  pub 
of  every  description  whatsoever,  under  the  control  of  the  executive  lie  property 
branch  of  the  government  ;  and  the  Governor  shall  dispose  of  tlic  g7nor° 
same  in  such  manner  as  the  Legislature  may  direct. 

SEC.   10.     That  no  inconvenience  may  result  from  the  change  of  Laws   dclin 
government,  it  is  declared  that  the  laws  of  this  Republtc  relative  to  in?  tbe  d'J 
the  duties  of  officers,  both  civil  and  military,  of  the  same,  shall  re-  Jj,er*  °t(J  °re. 
main  in  full  force,  and  the  duties  of  their  several  offices  shall  be  per-  main  in  force 
formed  in  conformity  with  the  existing  laws,  until  the  organization  until,  to. 
of  the  government  of  the  State,  under  this  Constitution,  or  until  the  0ft-cerg  re 
first  day  of  the  meeting  ot  the  Legislature  :    That  then  the  offices  of  pUgUanta  to 
President,  Vice-President,  of  the  President's  Cabinet,  Foreign  Minis-  uiis  Consti 
ters.  Charges  and  agents,  and  others,  repugnant  to  this  Constitution,  tuttbn  super 
shall  be  superseded  by  the  same,  and  that  all  others  shall  be  holden  seded 
and  exercised  until  they  expire  by  their  own  limitation,  or  be  su- other  oih 
perseded  by  the  authority  of  this  Constitution  or  laws  made  in  pur-  cers  oontm 
suance  thereof.  ued-  *c 

Skc.  12.  The  first  general  election  for  Governor,  Lieutenant- Time  of  gen. 
Governor  and  members  of  the  Legislature,  after  the  organization  of  erai  election 
the  Government,  shall  take  place  on  the  first  Monday  in  November,  for  Governor 
one  thousand  eight  hundred  and  forty-seven,  and  shall  be  held  bien-  and  Lioutea 
nally  thereafter,  on  the  first  Monday  in  November,  until  otherwise  an 
provided  by  the  Legislature.    And  the  Governor  and  Lieutenant- 


44 

Time  of  gen-  Governor,  elected  in  December  next,  shall  bold  their  offices  unti.  the 
for  Governor  in8taUation  in  office  of  the  Governor  and  Lieutenant-Governor  to  be 
.md  Lieuten-  elected  in  the  year  one  thousand  eight  hundred  and  forty-seven 
antGovemor      Done  in  Convention,  by  the  Deputies  of  the  people  of  Tex*-,  at 
the  City  of  Austin,  this  twenty-seventh  day  of  August,  in  the  year 
of  out  Lord  one  thousand  eight  hundred  and  forty-five. 
In  testimony  whereof,  we  have  hereunto  subscribed  our  nam  js. 

THO.  J.  RU?K\  Preside 
3  11.  Raymond,  Secretary. 


DEPARTMENT    OF    STATE. 

Ai'stin,  June  20.   18tM.       \ 

I,  Robert  J.  Tow  SES,  Secretary  of  State  of  the  State  of  Texas,  do  certify 
that  the  Constitution  as  printed  above  has  been  carefully  compared  with,  and 
conforms  literally  to  the  original,  and  also  to  the  enrolled  amendments  made  by 
the  Convention  of  1861,  with  the  exception  of  the  following  Sections,  which 
being  now  obsolete,  an>  omitted :  Sections  30  and  32,  Art.  Ill,  and  Ser: 
6,7,  y    II  and  13,  Art.  XIII,  on  tile  in  this  Department. 

In  testimony  whereof,  I  have  hereunto  signed   my 

and  caused  the  Seal  of  the  Department  of  State  to  be  affixed, 
.  r.  tli*»  day  above  written. 

R.  .1.  TOWNES. 

Secretary  of  S ... 


CONSTITUTION 

I      THE 

OVISIONAL   GOVERNMENT 


OONFKDKKATK  STATES  OF  AMERICA. 


Wf,  the  Deputies  of  the  .Sovereign  and  Independent  States  of  So 
Georgia.  Florida,  Alabama,  Mississippi,  and  Louisiana,  invoking  the  favor  of 
Almighty  God,  do  hereby,  in  behalf  of  these  States,  ordain  and  establish  this 
Constitution  for  the  Provisional  Government  of  the  same  :  to  continue  one 
year  from  the  inauguration  of  the  President,  or  until  a  permanent  Constitution 
or  Confederation  between  the  said  States  shall  be  put  in  operation,  whichsoever 
shal!  f-:*t  occur 

ARTICLE  I. 

SECTION   1. 

All  legislative  powers  herein  delegated  shall  bfi 
assembled,  until  otherwise  ordained. 

SECTION  2. 

When  vacancies  happen  in  the  representation  from  any  State,  the  ^ame  shall 
be  filled  in  such  manner  as  the  proper  authorities  of  the  State  shall  direct. 

SKCTION  3. 

1.  The  Congress  shall  be  the  judge  of  the  elections,  returns  and  qua, ilka 
tions  of  its  members  ;  any  number  of  Deputies  from  a  majority  of  the  States, 
being  present,  shall  constitute  a  quorum  to  do  business  ;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members  ;  upon  all  questions  before  the  Congress,  each  State  sh.ill 
be  entitled  to  one  vote,  and  shall  be  represented  by  any  one  or  more  of 
Deputies  who  may  be  present. 

2.  The  Congress  may  determine  the  rules  of  its  proceediugs,  punish  its  mem 
bers  for  disorderly  behavior,  and,  with  the  concurrence  of  two-thirds,  expel  a 
member. 

3.  The  Congress  shall  keep  a  journal  of  its  proceedings,  and  from  time  to  time, 
publish  the  same,  excepting  such  part*;  as  may  in  their  judgment  require  secrecy  ; 
and  the  yeas  and  nays  of  the  members  on  any  question,  shall,  a  the  desire  of 
one-fifth  of  those  present,  or  at  the  instance  of  any  one  State,  bi  stored  on  the 
iournal. 


46 

SECTION  4. 

The  member  o;  Congress  shall  receive  a  compensation  for  their  services,  to 
be  ascertained  by  law.  and  paid  out  of  the  Treasury  of  the  Confederacy.  They 
shall  in  all  cases,  except  treason,  felony  and  breach  of  tbe  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  session  of  the  Congress,  and  in  going 
to  and  returning  from  the  same  :  and  for  any  speech  or  debate,  they  shall  not 
be  questioned  in  fmy  other  place. 

SECTION  5. 

1.  Every  bill  which  shall  have  passed  the  Congress,  shall,  before  it  becomes 
a  law,  be  presented  to  the  President  of  the  Confederacy;  if  he  approve,  he 
shall  sign  it  :  but  if  not,  he  shall  return  it,  with  his  objections,  to  the  Congress, 
who  shall  enter  the  objections  at  large  on  their  journal,  and  proceed  to  recon- 
sider it.  If.  after  such  reconsideration,  two-thirds  of  the  Congress  shall  agree 
to  pass  the  bill,  it  shall  become  a  law.  But  in  all  such  cases,  the  vote  shall  be 
determined  by  yeas  and  nays  ;  and  the  names  of  the  persons  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal.  If  any  bill  shall  not  be  re- 
turned by  the  President  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him.  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it.  unless  the  Congress,  by  their  adjournment,  prevent  its  return,  in 
which  case  it  shall  not  be  a  law.  The  President  may  veto  any  appropriation 
or  appropriations,  and  approve  any   other   appropriation  or  appropriations  in 

une  bill. 

2.  Every  order,  resolution  or  vote,  intended  to  have  the  force  and  effect  of 
a  law,  shall  be  presented  to  the  President,  and,  before  the  same  shall  take  effect, 
shall  be  approved  by  him.  or  being  disapproved  by  him,  shall  be  re-passed  by 
two-thirds  of  the  Congress,  according  lo  the  rules  and  limitations  prescribed 
in  the  case  of  a  bill. 

3.  Until  the  inauguration  of  the  President,  all  bills,  orders,  resolutions  and 
votes  adopted  by  the  Congress  shall  be  of  full  force  without  approval  by  him. 

SECTION  <;. 

1.  Tin  power  to  lay  and  collect  taxes,  duties,  imposts 
and  excises,  for  the  revenue  necessary  to  pay  the  debts  and  carry  on  the  Gov- 
ernment of  the  Confederacy  ;  and  all  duties,  imposts  and  excises  shall  be  uni- 
form throughout  the  States  of  the  Confederacy.  And  this  Congress  shall  also 
exercise  executive  powers,  until  the  President  is  inaugurated  : 

2.  To  borrow  money  on  the  credit  of  the  Confederacy  : 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several  States, 
and  with  the  Indian  tribes  : 

4.  To  establish  a  uniform  rule  of  naturalization,  and  uniform  laws  on  the 
subject  of  bankruptcies  throughout  the  Confederacy  : 

5.  To  coin  money,  regulate  the  value  thereof  and  of  loreign  coin,  and  fix  the 
standard  of  weights  and  measures  : 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities  and  current 
coin  of  the  Confederacy : 

7.  To  establish  post  offices  and  post  roads  : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing,  for  lim- 
ited times,  to  authors  and  inventors,  the  exclusive  right  to  their  respective 
writings  and  discoveries  : 

9.  To  constitute  tribunals  inferior  to  the  supreme  court  : 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high  seas, 
and  offenses  against  the  law  of  nations  : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules 
concerning  captures  on  land  and  water  : 


47 

12.  To  raise  and  support  armies  ;  but  no  appropriation  of  money  (o  (bat  use 
shall  be  for  j  longer  term  than  two  years  : 

13.  To  provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  jrovernment  ami  6  !and  ami  naval 
forces : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  ol  the  Con  - 
federacy,  suppress  insurrections,  and  repel  invasions  : 

1G.  To  provide  for  organizing,  arming,  and  disciplining  the  militia,  and  for 
governing  such  part  of  them  a*  may  be  employed  in  the  service  of  the  Confed- 
eracy, reserving  to  the  States  respectively  the  appointment  of  the  officers,  and 
the  authority  of  training  the  militia  according  to  the  discipline  prescribed  by 
Congress  :  and 

17.  To  make  all  laws  which  shall  be  necessary  i  od  proper  for  carrying  into 
execution  the  foregoing  powers  and  all  other  powers  expressly  delegated  by 
this  Constitution  to  this  Provisional  Government. 

SECTION  7. 

1.  The  importation  of  African  negroes  from  'tny  foreign  country  other  than 
the  slave-holding  Statee  ol  the   United   -  * ereby  forbidden;  and  Con- 
is  required  to  pass  such  laws  as  shall  effectually  prevent  the  same. 

2.  The  Congress  shall  also  have  power  to  prohibit  the  introduction  of  slaves 
from  any  State  not  a  member  of  this  Confederacy. 

8.  The  privilege  of  the  writ  of  Habeas  Corpus  shall  not  be  suspended  unless, 
when  ii  'ebellion  or  invasion,  the  public  safety  may  require  it. 

4.  No  Bill  of  Attainder,  or  expost  facto  law.  shall  be  passed. 

5.  No  preference  shall  be  given, by  any  regulation  of  commerce  or  revenue, 
to  the  ports  of  one  State  over  those  of  another  :  nor  shall  vessels  bound  to  or 
from  one  State  be  obliged  to  enter,  clear,  or  pay  duties,  to  another. 

6.  No  money  shall  be  drawn  from  the  Treasury  but  in  consequence  of 
appropriations  made  by  law  :  and  a  regular  statement  and  account  of  the 
receipts  and  expenditures  of  all  public  money  shall  be  published  from  time  to 
time. 

ongress  shall  appropriate  no  money  from  the  Treasury,  unless  it  be 
asked  for  by  the  President  or  some  one  of  the  heads  of  the  Departments,  except 
be  purpose  of  paying  its  own  expenses  and  contingencies. 
8.  No  title  of  nobility  shall  be  granted  by  the  Confederacy  ;  and  no  person 
holding  any  office  of  profit  or  trust  under  it.  shall,  without  the  consent  of  the 
Congres-.  accept  of  any  present,  emolument,  office,  or  title  of  any  kind 
whatever  from  any  king,  prince,  or  foreign  State. 

!'.     Congress  shall  make  no  law  respecting  an  establishment  of  religion  or 

prohibiting  the  freeexercise  thereof:  or  abridging  the  freedom  of  speech,  or 

of  the  press;  or  the  right  of  the  people  peaceably  to  assemble,  and  to  petition 

.eminent  for  a  redress  of  such  grievances  as  the  delegated  powers  of 

this  Government  may  warrant  it  to  consider  and  redress. 

10.  A  well  regulated  militia  being  necessary  to  the  security  of  a  free  State, 
the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  infringed. 

11.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  without 
the  consent  of  the  owner :  nor  in  time  of  war.  but  in  a  manner  to  be  pre- 
scribed by  law. 

12.  The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be  violated ; 
and  no  warrants  shall  issue  but  upon  probable  cause,  supported  by  oath  or 
affirmation,  and  particularly  describing  the  place  to  be  searched  and  the  per- 
sons or  things  to  be  seized. 

13.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual  service  in 


48 

lime  of  war  or  public  danger ;  nor  shall  any  person  be  subject  for  the  same 
offence  to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled,  in 
any  criminal  case,  to  be  a  witness  against  himself ;  nor  be  deprived  of  life,  lib- 
erty, or  property,  without  due  process  of  law  ;  nor  shall  private  property  be 
taken  lor  public  use,  without  just  compensation. 

11  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  State  aud  district  wherein 
the  crime  shall  have  been  committed,  which  district  shall  have  been  previously 
ascertained  by  law,  and  to  be  informed  of  the  nature  and  cause  of  the  accusa- 
tion ;  to  be  confronted  with  the  witnessess  against  him  ;  to  have  compulsory 
process  for  obtaining  witnesses  in  his  favor ;  and  to  have  the  assistance  of 
council  for  his  defence. 

m  suitj  ;it  common  law,  where  the  value  in  controversy  .-hail  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved  ;  and  no  fact  tried 
by  a  jury  shall  be  otherwise  re-examined  in  any  court  of  th;>  Confederacy,  than 
according  to  the  rules  of  the  common  law. 

16.    Excessive  bail  shall  not  be  required,  nor   e  i.  nor 

ruel  and  unusual  punishment  inflicted. 

•17.    The  enumeration,  in    the  Constitution,  of  certain  rights,  shall  not  be 
rued  to  deny  or  disparage  others  retained  by  the  people. 

-  not  delegated  to  the  Confederacy  !>y  the  Constitution,  nor 
prohibited  by  it  to  the  reserved  to  the  State  sly.  or  to  the 

people. 

19.  The  judicial  power  of  the  Confederacy  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  these 
States  of  the  Confederacy,  by  citizen  <  of  another  Statr>  or  by  citizens  or  sub- 

sectic:: 

1.     No  State  shall  enter  into  unv   treaty,  alliance,  or  confederation;  grint 
letters  ot  mfcrqne  and  reprisal;  coin  money;   emit  bill-  of  credit:   make  any 
thing  but  gold  and  silver  coin  a  tender  in  payment  of  debts;  pass  any  bill  of 
attainder,  expost  facto  law.  or  law  impairing  the  obligation  of  contra 
grant  any  title  of  nobility. 

■1.  No  State  shall,  without  the  consent  of  the  I  kmgrett,  lay  any  imposts  or  du 
ties  on  imports  or  exports,  except  what  may  be  absolutely  necessary  for  executing 
its  inspection  laws;  and  the  nett  produce  of  all  duties  and  imposts,  laid  by  any 
State  on  imports  or  exports,  shall  be  for  the  use  of  the  Treasury  of  the  Con 
federacy,  and  all  such  laws  shall  be  subject  to  the  revision  and  control  of  the 
Congress.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  ot 
tonnage,  enter  into  any  agreement  or  compact  with  another  State,  or  with  a 
foreign  power,  or  engage  in  war,  unless  actually  invaded,  or  in  such  imminent 
danger  as  will  not  admit  of  delay. 

ARTICLE    II. 
SECTION   1. 

1.  The  Executive  powers  shall  be  vested  in  a  President  of  the  Confederate 
States  of  America.  He.  together  with  the  Vice-President,  shall  hold  his  office 
for  one  year,  or  until  this  Provisional  Government  shall  be  superseded  by  a 
Permanent  Government,  whichsover  shall  first  occur. 

1.  The  President  and  Vice-President  shall  be  elected  by  ballot  by  the  States 
represented  in  this  Congress,  each  State  casting  one  vote,  and  a  majority  ot  the 
whole  being  requisite  to  elect. 

3.  No  person,  except  a  natural  born  citizen,  or  a  citizen  of  one  of  the  States 
of  this  Confederacy  at  the  time  of  the  adoption  of  this  Constitution,  shall  be 
eligible  1o  the  office  of  President :  neither  shall  any  person  be  eligible  to  that 


49 

office  who  aha!!  not  have  attained  the  age  of  thirty-five  years  and  been  four- 
teen yeara  a  resident  of  one  of  the  States  of  this  Confederacy. 

4.  In  case  of  the  removal  of  the  President  from  office,  or  of  his  death,  resig- 
nation, or  inability  to  discharge  the  powers  and  duties  of  the  £  aid  office,  (which 
inability  shall  be  determined  by  a  vote  of  two-fhirds  of  the  Congress,)  the 
.same  shall  devolve  on  the  Vice-President ;  and  the  Congreas  may,  by  law, 
provide  for  the  case  of  removal,  death,  resignation,  or  inability,  both  of  the 
President  and  Vice-President,  declaring  \vh  it  officer  shall  then  act  as  President; 
and  Bueh  officer  shall  act  accordingly,  nutil  the  disability  bo  removed  or  a  Presi- 
dent shall  be  elected. 

5.  The  President  shall,  at  stated  times,  receive  for  his  services,  daring  the 
period  of  the  Provisional  Government,  acompensat-on  at  the  rate  of  twenty-five 
thousand  dollars  per  annum  ;  and  he  shall  not  receive  during  that  period  any 
other  emolument  from  this  Confederacy,  or  any  of  the  States  thereof. 

6.  Before  he  enter  on  tho  execution  of  his  office,  he  6hall  take  the  following 
oath  or  affirmation  : 

I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office  of 
President  of  the  Confederate  States  of  America,  and  will,  to  the  beat  of  mj 
ability,  preserve,  protect,  and  defend  the  Constitution  thereof 


SECTION  2. 

1.  The  President  shall  be  Commander-in-Chief  of  the  Army  and  Navy  of  the 
Confederacy,  and  of  the  Militia  of  the  several  States.when  called  into  the  actual 
service  of  the  Confederacy  ;  he  may  require  the  opinion,  in  writing,  of  the 
principal  officer  in  oach  of  the  Executive  Departments,  upon  any  subject  relat- 
ing to  the  duties  of  their  respective  offices  ;  and  ho  shall  have  power  to  grant 
reprieves  and  pardons  for  offences  against  the  Confederacy,  except  in  cases  of 
impeachment. 

i  He  shall  havo  power,  by  and  with  the  advioc  and  consent  of  the  Congress, 
to  make  treaties ;  provided  two-thirds  of  the  Congress  concur  :  and  he  shall 
nominate,  and,  by  and  with  the  advice  and  oon?ent  of  the  Congress,  Bhall 
appoint  ambassadors,  other  public  ministers  and  consuls,  judges  of  the  court, 
and  all  other  officers  of  the  Confederacy,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law.  But  the  Con- 
gress may,  by  law,  vest  the  appointment  of  such  inferior  officers  as  they  think 
proper  in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of  de- 
partments. 

8.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may  happen 
during  the  recces  of  the  Congress,  by  granting  commissions  which  shall  expire 
at  the  end  of  their  next  session. 


SECTION  3. 

1.  He  shall,  from  time  to  time,  givo  to  the  Congress  Information  of  the  state 
of  the  Confederacy  and  recommend  to  their  consideration  such  measures  as  he 
shall  judge  necessary  and  expedient;  he  may,  on  extraordinary  occasions, 
Convene  the  Congrsss  at  such  times  as  he  shall  think  proper  ;  he  shall  receive 
ambassadors  and  other  puhlic  ministers ;  he  shall  take  care  that  the  laws  be 
faithfully  executed  :  and  shall  commission  all  the  officers  of  the  Confederacy. 

2.  The  President,  Vice  President,  and  all  civil  officers  of  the  Confederacy 
shall  be  removed  from  office,  on  conviction,  by  the  Congress,  of  treason,  brib- 
ery, or  other  high  crimes  and  misdemeanors  :  a  vote  of  two  thirds  shall  be 
necessary  for  such  conviction. 

4 


ARTICLE   III. 

SECTION  1. 

1.  Thejudiciu)  power  of  the  Confederacy  shall  be  vested  in  one  Supreme 
Court,  and  in  such  inferior  courts  as  are  herein  directed,  or  as  the  Congress 
may,  from  time  to  time,  ordain  and  establish. 

2.  Each  State  shall  constitute  a  District,  in  which  there  shall  be  a  court, 
called  a  District  Court,  which,  until  otherwise  provided  liy  the  Congress,  shall 
have  the  jurisdiction  vested  by  the  laws  of  the  United  States,  as  far  as  appli- 
cable, in  both  the  District  and  Circuit  Courts  of  the  United  States,  for  that 
State  ;  the  Judge  whereof  shall  be  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Congress,  and  snail,  until  otherwise  provided 
by  the  Congress,  exercise  the  power  and  authority  vested  by  the  laws  of  the 
United  States  in  the  Judges  of  the  District  and  Circuit  Courts  of  the  United 
States,  for  that  State,  and  shall  appoint  the  times  and  places  at  which  the  courts 
shall  be  held.  Appeals  may  be  taken  directly  from  the  District  Courts  to  the 
Supreme  Court,  under  similar  regulations  to  those  which  are  provided  in  cases 
of  appeal  to  the  Supremo  Court  of  the  United  States,  or  under  such  regula- 
tions as  may  be  provided  by  the  Congress.  The  commissions  of  all  the  judges 
shall  expire  with  this  Provisional  Government. 

3.  The  Supreme  Court  shall  be  constituted  of  all  the  District  Judges,  a 
majority  of  whom  shall  be  a  quorum,  and  shall  sit  at  iuch  times  and  places  as 
the  Congress  shall  appoint. 

4.  The  Congre&s  nhall  have  power  to  make  lawn  for  the  transfer  of  any 
causes  which  were  pending  iu  the  courts  of  the  United  States,  to  the  courts  of 
the  Confederacy,  and  for  the  execution  of  the  orders,  decrees,  and  judgment* 
heretofore  rendered  by  the  said  courts  of  the  United  States  ;  and  also  all  laws 
which  niay  be  requisite  to  protect  the  parlies  to  all  such  suits,  orders,  judgments, 
or  decrees,  their  heirs,  personal  representatives,  or  assignees. 


SKCTION  2. 

1.  The  judicial  power  shall  extend  to  all  cases  of  law  and  equity,  arising 
under  this  Constitution,  the  laws  of  the  United  States,  and  of  this  Confederacy, 
and  treaties  made,  or  which  shall  be  made,  under  its  authority;  to  all  cases 
affecting  ambassadors,  other  public  ministers  and  consuls  ;  to  all  cases  of  ad- 
miralty and  maritime  jurisdiction  ;  to  controversies  to  which  the  Confederacy 
shall  be  a  party  ;  controversies  between  two  or  more  States  ;  between  citizens 
of  different  States  ;  between  citizens  of  the  same  State  claiming  lands  under 
grants  of  different  St.. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls, 
and  those  in  which  a  State  shall  be  a  party,  the  Supreme  Court  shall  have 
original  jurisdiction.  In  all  the  other  cases  before  mentioned,  the  Supreme 
Court  shall  have  appellate  jurisdiction,  both  a*  to  law  and  fact,  with  such  ex- 
ceptions and  i:nder  such  regulations  as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  Impeachment,  shall  be  by  jury, 
and  Btich  trial  shall  be  held  in  the  State  where  the  said  crimes  shall  have  been 
eommitfed  ;  bat  when  not  committed  within  any  State,  the  trial  shall  beat 
such  place  or  r  laces  as  the  Congress  may,  by  law,  have  directed. 


51 

SECTION  S. 

1.  Treason  against  this  Confederacy  .shall  consist  oniy  in  levying  war  against 
it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  cornier*.  No  person  shall 
be  convicted  of  treason,  unless  on  the  t<^!imony  of  two  witne«.fe«  to  the  same 
overt  act,  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of  treason; 
but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture,  except 
daring  the  life  of  the  perfon  attainted 


ARTICLE  IV 

SUCTION    1. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the  public  acts, 
records,  and  judicial  proceedings  of  every  other  State.  And  the  Congress  may, 
by  general  laws,  prescribe  the  manner  in  which  such  acts,  record?  and  proceed 
ingfl  shall  be  proved  and  the  effect  of  such  proof 

SECTION    2. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  privileges  and  immu- 
nities of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other  crime,  who 
shall  flee  from  justice,  and  be  found  in  another  State,  shall,  on  demand  of  the 
executive  authority  of  the  Stato  from  which  ho  fled,  be  delivered  up,  to  be  re- 
moved to  the  State  having  jurisdiction  of  the  crime. 

3.  A  slave  in  one  State,  escaping  to  another,  shall  be  delivered  up,  on  claim 
of  the  party  to  whom  said  slave  may  belong,  by  the  executive  authority  of  th° 
State  in  which  such  slave  shall  be  found,  and  in  case  of  any  abduction  or  forci- 
ble rescue,  full  compensation,  including  the  value  of  the  slave  and  all  costs 
and  expenses,  shall  be  made  to  the  party,  by  the  Stato  in  which  such  abduction 
or  rescue  shall  take  place 


SECTION  3. 

1.  The  Confederacy  shall  guarantee  to  every  State  in  this  Union,  a  republi- 
can form  of  government,  and  shall  protect  each  of  them  against  invasion  ;  and, 
on  application  of  the  Legislature,  or  of  the  K.vecutive,  (when  the  Legislature 
cannot  be  convened,)  against  domestic  violence. 


ARTICLE  V 

1.    The  Oongrcs8,  by  a  voto  of  two-thirds,  may,  at  any  time,  alter  or  amend 
this  Constitution 

ARTICLE   VI 

i.    This  Constitution,  and  the  lawn  of  the  Confederacy  which  shall  be  made 
in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be  made,  under  the 


52 

Mithority  of  the  Confederacy,  ehall  be  the  supremo  taw  of  tho  laud;  aad  (he 
Judges  in  every  State  shall  be  bound  thereby,  any  ihingin  the  Constitution  or 
taws  of  any  State  to  the  contrary  notwithstanding 

2.  The  Government  hereby  instituted  shall  take  immediate  steps  tor  the 
settlement  of  all  matters  between  the  States  forming  it,  and  their  other  late 
confederates  of  the  United  States,  in  relation  to  the  public  property  and  public 
debt  at  the  time  of  their  withdrawal  from  them ;  these  States  hereby  declaring 
it  to  be  their  wish  and  earnest  desire  to  adjust  everything  pertaining  to  the 
common  property,  common  liability,  and  common  obligations  of  that  anion, 
■<i.pon  the  principles  of  right,  justice,  equity,  and  good  faitb. 

3.  Until  otherwise  provided  by  the  Congress,  the  city  of  Montgomery,  in 
'he  State  of  Alabama,  shall  be  the  seat  of  Government. 

4.  The  members  of  the  Congress  and  all  executive  and  judicial  ofiioera  of 
the  Confederacy  shall  be  bound,  by  oath  or  affirmation,  to  support  this  Consti- 
tution ;  but  no  religious  test  shall  bo  required  as  a  qualification  to  any  offioo  or 
public  trust  under  this  Confederacy. 

'>     The  Congress  shall  have  power  to  admit  other  States 


[Tho  following  ameadmsnt  wa«  adopted  at  the  rie<*nod  ft°«3k>n  of  the  Pro- 
viscnal  Congress :] 

No.  169]  AN  ORDINANCE 

Of  the  Convention  of  the  Congress  of  the  Confederal  States. 

Be  it  ordabu  I  by  tkc  Congress  of  the  Confederate  States  cf  America,  That  the 
second  paragraph  of  the  first  section  of  the  third  Article  of  the  Constilu'ion 
of  the  Confederate  Staton  of  America,  be  so  amended  in  the  first  line  of  said 
paragraph,  a?  to  road,  "  Each  State  shall,  until  otherwise  exacted  by  law,  con- 
in  the  sixth  line,  after  the  word  "judge,"  add  "or 
judges." 

Approved  May  21tt.  1SC1. 


OOTsTSTTTT  JTION* 

OP  THE 

Confederate  States  op  America, 


Wc,  the  people  of  the  Confederate  States,  each  State  acting  in  its 
sovereign  and  independent  character,  in  order  to  form  a  permanent  Preamble 
federal  government,  establish  justice,  insure  domestic  tranquility, 
and  eecnre  the  blessings  of  Liberty  to  ourselves  and  our  pc  steriiy 
— invoking  the  favor  and  guidance  of  Almighty  God— do  ordain  and 
establish  this  Constitution  for  the  Confederate  States  of  America  : 

ARTICLE  I 

SECTION   1. 

All  legislative  powers  herein  delegated  bhall  be  vested  in  a  Con- LoRjjiativs 
gress  of  the  Confederate  States,  which  shall  consist  of  a  Senate  and  powar. 
House  of  Representatives 

SECTION  II. 

1.  The  House  of  Representatives  shall  be  composed  of  members 

chosen  every  second  year  by  the  people  of  the  several  States  ;  and  House,  or  Rep 
the  electors  in  each  State  shall  be  citizens  of  tho  Confederate  States,  ""osentatiyeB. 
and  have  the  qualifications  requisite  for  electors  of  the  most  numer- 
ous branch  of  the  State  Legislature;  but  no  person  of  foreign  birth, 
not  a  citizen  of  the  Confederate  States,  shall  bo  allowed  to  vote  fo; 
any  officer,  civil  or  political,  State  or  Federal. 

2.  No  person  shall  bea  Representative,  who  shall  nothavcattainedQuaimca 
the  age  of  twenty-five  years,  and  be  a  citizen  of  the  Confederate  tionBofmeai- 
States,  and  who  shall  not,  when  elected,  he  an  inhabitant  of  thatberB 
State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  Apportion- 
the  several  States  which  maybe  included  within  this  Confederacy,  mentor  rep- 
according  to  their  respective  numbers,  which  shall  be  determined  by  ^'"dtr'T' 
adding  to  the  whole  number  of  free  persons,  including  those  bound  taXes. '" 

to  service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  threc- 
fifthB  of  all  slaves.  The  actual  enumeration  shall  be  made  within  three  _ 
years  after  the  first  meeting  of  the  Congress  of  the  Confederate  States, 
and  within  every  subsequent  term  of  ten  years,  in  such  manner  as  they 
shall,  by  law,  direct.    The  number  of  Representatives  shall  not  ex- Number  of 
ceed  one  for  every  fifty  thousand,  but  each  State  shall  have,  at  least,  repreeenta 
one  Representative  ;  and  until  such  enumeration  shall  be  made,  the  ,,ve8 
State  of  South  Carolina  shall  be  entitled  to  choose  six— the  State  of  Temporary 
Georgia  ten— the  State  of  Alabama  nine— the  State  of  Florida  two—  apportion 
the  State  of  Mississippi  seven — the  State  of  Louisiana  six,  and  the  ment. 
State  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from  any  State,  vacane;eo. 


*  This  Constitution  (18  now  prlntod  has  been  carefully  compared  with  the  copy 
printed  at  Richmond  In  1861,  with  which  it  conforms  literally,  and  ia  punctuation 


54 


Vacancies,     the  Executive  authority  thereof  shall  issue  writs  of  election  to  fill 

Buch  vacancies. 
Officers.  5.  The  House  of  Representatives  shall  choose  their  Speaker  and 

other  officers  ;  and  shall  have  the  sole  power  of  impeachment ;  ex- 
impeach-  cept  that  any  judicial  or  other  federal  officer  resident  and  acting 
mcnts.  solely  within  the  limits  of  any  State,  may  be  impeached  by  a  vote  of 

two-thirds  of  both  branches  of  the  Legislature  thereof. 

SECTION  III. 

1.  The  Senate  of  the  Confederate  States  shall  be  composed  of  two 
Senate.         Senators  from  each  State,  chosen  for  six  years,  by  the  Legislature 

thereof,  at  the  regular  session  next  immediately  preceding  the  com- 
mencement of  the  terra  of  service  ;  and  each  Senator  shall  have  one 
vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided,  as  equally  as  may  be,  into 
three  classes.  The  seats  of  the  Senators  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  second  year,  of  the  second  class  at  the 
expiration  of  the  fourth  year,  and  of  the  third  class  at  the  expira- 
tion of  the  sixth  year,  so  that  one-third  may  be  chosen  every  second 
year  ;  and  if  vacancies  happen,  by  resignation  or  otherwise,  during 
the  recess  of  the  Legislature  of  any  State,  the  Executive  thereof 
may  make  temporary  appointments  until  the  next  meeting  of  the  Le- 
gislature, which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  the 
age  of  thirty  years,  and  be  a  citizen  of  the  Confederate  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  the  State  for  which 
he  shall  be  chosen. 

4.  The  Vice-President  of  the  Confederate  States  shall  be  President 
of  the  Senate,  but  shall  have  no  vote,  unloss  they  be  equally  divided. 

5.  The  Senate  shall  choose  their  officers,  and  also  a  President  pro 
tempore,  in  the  absence  of  the  Vice-President,  or  when  he  shall  ex- 
ercise the  office  of  President  of  the  Confederate  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  Confederate  States  is  tried,  the  Chief  Jus- 
tice shall  preside  5  and  no  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present. 

7.  Judgment,  in  cases  ot  impeachment,  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust  or  profit  under  the  Confederate  States  ;  but 
the  party  eonvicted.  shall  nevertheless  be  liable  and  subject  to  in 
dictment,  trial,  judgment  and  punishment,  according  to  law. 

SECTION  IV. 

Election  or  1-  The  times,  place  and  manner  of  holding  elections  for  Senators 
members  of  and  Representatives  shall  be  prescribed  in  each  State  by  the  Legis- 
congress.  lature  thereof,  subject  to  the  provisions  of  this  Constitution  ;  but 
the  Congress  may,  at  any  time,  by  law,  make  or  alter  such  regula- 
tions, except  as  to  the  times  and  places  of  choosing  Senators, 
ro  meet  an  2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and 
nuaily.  such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 

shall  by  law  appoint  a  different  day. 

SECTION   V. 
Powers  of         1.  Each  House  shall  be  the  judge  of  the  elections,  returns  and 
each  House,  qualifications  of  its  own  members,  and  a  majority  of  each  shall  con 
stitute  a  quorum  to  do  business  ;  but  a  smaller  number  may  adjourn 


Classifica- 
tion. 


Vacancies. 


Qualifica- 
tions. 


President  ol 
Senate. 
*»*  -SB- 
Officers  and 
president 
pro  tern. 

Trial  of  im- 
peach ments. 


Judgment. 


55 

from  day  to  day,  aad  may  be  authorized  to  comp^i  the  attendance  of  Powers  of 
absent  members,  in  such  "manner  and  under  such   penalties  as  each  eac     0lise- 
House  may  provide. 

2.  Each  House  may  determine  the  rules  of  it*  proceedings,  punish  Power  to 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  ofPun^h  aaJ 
two-thirds  of  the  whole  number,  expel  a  member  expe 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and,  from  journals. 
time  to  time,  publish  the  same,  excepting  such  parts  as  may,  in  their 
judgment,  require  secrecy  ;  and  the  yeas  and  nays  of  the  members  of  Teas  and 
either   House  on   any  question  shall,  at  the  desire  of  one-fifth  of  na.vs 
those  present,  be  entered  on  the  journal. 

■4.  Neither  House,  during  the  session  of  Congress,  shall,  without  the  Adjourn 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  mt>nts 
other  place  than  that  in  which  the  two  Houses  shall  be  sitting. 

SECTION   VI. 

1.  The  Senators  and  Representatives  shail  receive  a  o  'inpensatiou  ^!>cnsa 
for  their  services,  to  be  ascertained  by  law.  and  paid  out  of  the  Trea- 
sury of  the  Confederate  Slates.     They  shall  in  all  cases,  except  trea-  privileges. 
son,  felony  and  breach  of  the  peace,  be  privileged  from  arrest  during 

their  attendance  at  the  session  of  their  respective  Houses,  and  in  going 
to  and  returning  from  the  same  ;  and  for  any  speech  or  debate  in 
either  House,  they  shall  not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which  £o^ffice 
he  was  elected,  be  appointed  to  any  civil  office  under  the  authority 

of  the  Confederate  States,  which  shall  have  been  created,  or  the 
emoluments  whereof  shall  have  been  increased,  during  such  time  ; 
and  no  person  holding  any  office  tinder  the  Confederate  States  shall 
be  a  member  of  either  House  during  his  continuance  in  office  ;  but  Ifl^gf'ta 
Congress  may-by  law  grant  to  the  principal  officer  in  each  of  the 
Executive  Departments  a  seat  upon  the  floor  of  either  House,  with 
the  privilege  of  discussing  any  measures  appertaining  to  his  depart- 
ment. 

SECTION  VII. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  Hou»e  of  jk*fnue 
Representatives  :    but  the   Senate  may   propose   or  concur  with 
amendments,  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  Houses,  shall,  before  it  M*°Qe£  °r 
becomes  a  law,  be  presented  to  the  President  of  the  Confederate  p     1D° 
States ;  if  he  approve,  he  shall  sign  it :  but  if  not.  he  shall  return  it.  veto  power 
with  his  objections,  to  that  House  in  which  it  shall  have  originated, 

who  shall  enter  the  objections  at  large  on  their  journal,  aad  proceed 
to  reconsider  it.    If,  after  such  reconsideration,  two-thirds  of  that 
House  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  House,  by  which  it  shall  likewise  be  recon- 
sidered, and  if  approved  by  two-thirds  of  that  House,  it  shall  become 
a  law.    But  in  all  such  cases,  the  votes  of  both  Houses  shall  be  deter- 
mined by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of  each  House  respect- 
ively.   If  any  bill  shall  not  be  returned  by  the  President  within  ten  Bills  must  be 
days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him,  the  returned  «n 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless       ^^ 
the  Congress,  by  their  adjournment,  prevent   its  return,  in  which 
case  it  shall  not  be  a  law.    The  President  may  approve  any  aPPro*  j^rtrtaoajf 
priation  and  disapprove  any  other  appropriation,  in  the  same  bill,  propriaiioo. 
In  such  case  he  shall,  in  signing  the  bill,  designate  the  appropria-  and  veto 
tions  disapproved  ;  and  shall  return  a  copy  of  such  appropriations,  others. 


56 


fcc 


with  bia  objections,  to  the  House  in  which  the  bill  shall  have  origin- 
ated ;  and  the  same  proceedings  shall  then  be  had  as  in  oase  of  other 
bills  disapproved  by  the  President, 
joint  orders,  3.  Every  order,  resolution  or  vote,  to  which  the  concurrence  ot 
resolutions,  both  Houses  may  be  necessary,  (except  on  a  question  of  adjourn- 
ment.) shall  be  presented  to  the  President  of  the  Confederate  States; 
and,  before  the  same  shall  take  effect,  shall  be  approved  by  him,  or, 
being  disapproved  by  him,  shall  be  re-passed  by  two-thirds  of  both 
Houses,  according  to  the  rules  and  limitations  prescribed  in  the 
oase  of  a  bill 

SECTION  VIII. 
The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts  and  excises,  for  rev- 
enue necessary  to  pay  the  debts,  provide  for  the  common  defence, 
and  carry  on  the  Government  of  the  Confederate  States;  but  no 
bounties  shall  be  granted  from  the  Treasury,  nor  Bhall  any  duties  or 
taxes  on  importations  from  foreign  nations  be  laid  to  promote  or 
loater  ary  b.anch  of  industry ;  and  all  duties,  imposts  and  excuses 
shall  be  uniform  throughout  the  Confederate  States. 

2.  T.jbonow  money  on  the  credit  of  the  Confederate  States  : 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  sev- 
eral States,  and  with  the  Indian  tribes ;  but  neither  this  nor  any 
other  clause  contained  in  the  Constitution  shall  ever  bo  construed  to 
delegate  the  power  to  Congress  to  appropriate  money  for  any  inter- 
nal improvcm*  nt,  intended  to  facilitate  commerce,  except  for  the 
purpose  of  furnishing  lights,  beacons  and  buoys,  and  other  aids  to 
navigation  upoii  the  coasts,  and  the  improvement  of  harbors  and  the 
removing  of  obstructions  in  river  navigation  ;  in  all  which  cases 
such  duties  shall  be  laid  on  the  navigation  facilitated  thereby,  as 
may  be  necwary  to  pay  the  costs  and  expenses  thereof: 

4.  To  establish  uniform  laws  of  naturalisation,  and  uniform  laws  on 
the  subject  of  bankruptcies  throughout  the  Confederate  States ;  but 
no  law  of  Congress  shall  discharge  any  debt  contracted  before  the 
passage  of  the  same  : 

6.  To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures  : 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  Confederate  Statc3 : 

7.  To  establish  post  offices  and  post  routes  ;  but  the  expenses  of 
the  Post-ofSco  Department,  alter  the  first  day  of  March,  in  the  year  of 
our  Lord  eighteen  hundred  and  sixty-three,  shall  be  paid  out  of  its 
own  revenues : 

8.  To  promote  the  progress  of  Bcience  and  useful  arts,  by  securing, 
for  limited  times,  to  authors  and  inventors,  the  exclusive  right  to 
their  respective  writings  and  discoveries  : 

9.  To  constitute  tribunals  interior  to  the  Supreme  Court : 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  offenses  against  the  law  of  nations  : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  on  water : 

12.  To  raise  and  support  armies ;  but  no  appropriation  of  money 
to  that  us8  shall  be  for  a  longer  term  than  two  years  : 

13.  To  provide  and  maintain  a  navy  : 

14.  To  make  ruleB  for  the  government  and  regulation  of  the  land 
and  naval  forces : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  ol 
the  Confederate  States,  suppress  insurrections,  and  repel  invasions  : 


General  pow 

9TB. 


Ifeutta 


Loans. 
Commerce 


May  im 

prove  riv- 
ers. &c 


Naturallaa 
tlon—  tank 
ruptcy. 

Weights, 

Cola,  fee. 

Counter 

foiling. 

Post  offices. 


patents  and 
copyrights. 

Courts. 
Piracies,  &c. 

War. 

Army. 

Navy. 

- 

Militia. 


57 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia,  Militia. 
and  for  governing  euch  part  of  tbem  as  may  be  employed  in  the  ser- 
vice of  the  Confederate  States,  reserving  to  the  States,  respectively, 

the  appointment  of  the  officers,  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  Congress  : 

17.  To  exercise  exclusive  legislation,  in  all  coses  whatsoever,  over  Exclusive 
snoh  district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  le€i8l»ti00 
one  or  more  States  and  the  acceptance  of  Congress,  become  the  seat 

of  the  Government  of  the  Confederate  StateB ;  and  to  exercise  like 
authority  over  places  purchased  by  the  consent  of  the  Legislature  of 
the  State  in  which  the  same  shall  be,  for  the  erection  of  forts,  maga- 
zines, arsenals,  dockyards,  and  other  needful  buildings  :  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  car-  Lawsforcar 
rying  into  execution  the  foregoing  powers  and  all   other  powers  £^fd  ^ 
vested  by  this  Constitution  in  the  Government  of  the  Confederate  „,.,, 
States,  or  in  any  department  or  officer  thereof. 

SECTION    IX. 

1.  The  importation  of  negroes  of  the  African  race,  from  any  for- slave  trade 
oign  country  other  than  the  slave-holding  States  or  Territories  of  the 
United  States  of  America,  is    hereby  forbidden  ;   and  Congress  is 
required  to  pass  such  laws  as  shall  effectually  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  introduction  of Wilh  stftAf* 
slaves  from  any  State  not  a  member  of,  or  Territory  not  belonging  £°^0™,y" 
to,  this  Confederacy. 

3.  The  privilege  of  the  writ  of  Habeas  Corpus  shall  not  be  sus-  Habeas 
pended,  unless  when  in  cases  of  rebellion  or  invasion,  the  public  CorPue 
safety  may  require  it. 

4.  No  Bill  of  Attainder,  ex  post  facto  law,  or  law  denying  or  Ex  post 
impairing  the  right  of  property  in  negro  slaves,  shall  be  passed.        facto  laws. 

6.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  propor-  Direct  taxes 
tion  to  the  census  or  enumeration  herein  before  directed  to  be  taken. 

6.  No  tax  or  duty  shall  bo  laid  on  articles  exported  from  any  state  ex 
State,  except  by  a  vote  of  two-third6  of  both  Houses.  pons. 

7.  No  preference  shall  be  given,  by  any  regulation  of  commerce  or  Port  dvtiee. 
revenne,  to  the  ports  of  one  State  over  those  of  another. 

8.  No  money  shall  be  drawn  from  the  Treasury,  bvit  in  conse-  Receipts  an  J 
quence  of  appropriations  made  by  law ;  and  a  regular  statement  «"-*pe"*1,wwc" 
and  account  of  the  receipts  and  expenditures  of  all  public  money 

shall  be  published  from  time  to  time. 

9.  Congress  shall  appropriate  no  money  from  the  Treasury,  except  %  vote  hc- 
by  a  vote  of  two-thirds  of*  both  Houses,  taken  by  yeas  and  nays,  C088ar?a^ 
unless  it  be  asked  and  estimated  for  by  some  one  of  the  Heads  of  ^PJ£ °  y.r,ex. 
Department,  and  submitted  to  Congress  by  the  President ;  or  for  the  oept. 
purpose  of  paying  its  own  expenses  and  contingencies  ;  or  for  the 
payment  of  claims  against  the  Confederate  States,  the  justice  of 

which  shall  have  been  judicially  declared  by  a  tribunal  for  the  in- 
vestigation of  claims  against  the  Government,  which  it  is  hereby 
made  the  duty  of  Congress  to  establish. 

10.  All  bills  appropriating  money  shall  specify  in  federal  currency  ^oramuat 
the  exact  amount  of  each  appropriation  and  the  purposes  for  which  be  specified, 
it  is  made;  and  Congress  shall  grant  no  extra  compensation  to  any  No    extra 
public  contractor,  officer,  agent  or  servant,  after  such  contract  shall  compensat'n 
have  been  made  or  such  service  rendered.  ^  contrac 

11.  No  title  of  nobility  shall  be  granted  by  the  Confederate  States ; tors- 

and  no  person  holding  any  office  of  profit  or  trust  under  them,  shall,  ™pe;"d J£ 
without  the  consent  of  the  Congress,  accept  of  any  prcsent^emolu-gen^prohit 
ment,  office  or  title  of  auy  kind  whatevor  from  any  king,  prince  or  ued 
foreign  State. 


58 


Warrants. 


Trials  for 


Rights  o( 
property 


Freedom  of  12.  Congress  ehall  make  no  law  respecting  an  establishment  of 
s p e'cgc°h,' o°f reli2ion  or  prohibiting  the  free  exercise  thereof:  or  abridging  the 
the  press,  freedom  of  speech,  or  of  tbe  press ;  or  the  right  of  the  people  peace- 
and  right  of  ably  to  assemble,  and  to  petition  the  government  tor  a  redress  of 
petition.        grievances. 

bear  arms         13-  A  well  regulated  militia  being  necessary  to  the  security  of  a 

free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be 

infringed. 

Quartering  or     14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 

troops.  without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a 

manner  to  be  prescribed  by  law. 
Searches  and  15.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
seizures.  papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated ;  and  no  warrants  shall  insue  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describing 
the  place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  grand 
jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or  public  danger ;  nor 
shall  any  person  be  subject  for  the  same  offence  to  be  twice  put  ia 
jeopardy  of  life  or  limb  ;  nor  be  compelled,  in  any  criminal  case, 
to  be  a  witness  against  himself;  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law  ;  nor  shall  private  property 
be  taken  for  public  use,  without  just  compensation. 
Rights  of  de-  17:  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
fendants  in  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and 
criminal  district  wherein  the  crime  shall  have  been  committed,  which  district 
shall  have  been  previously  ascertained  by  law,  and  to  be  informed  of 
the  nature  and  cause  of  the  accusation  ;  to  be  confronted  with  the 
witness  against  him  ;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor;  and  to  have  the  assistance  of  counsel  for  his  defense. 

18.  In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved  ; 
and  no  fact  so  tried  by  a  jury  shall  be  otherwise  re-examined  in  any 
court  of  the  Confederacy,  than  according  to  the  rules  of  the  commonlaw 

19.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishment  inflicted. 

20.  Every  law.  or  resolution  having  the  force  of  law,  shall  relate 
to  but  one  subject,  and  that  ehall  be  expressed  in  the  title. 

SECTION   X. 
Limitation  of      *■  ^°  State  shall  enter  into  any  treaty,  alliance,  or  confederation  ; 
tbe  powers  grant  letters  of  marque  and  reprisal;  coin  money;   make  anything 
of  the  States,  but  gold  and  silver  coin  a  tender  in  payment  of  debts;  pass  any  bill 

of  attainder,  or  ex  post  facto  law,  or  law  impairing  the  obligation  of 

contracts  ;  or  grant  any  title  ot  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  maybe  absolutely 
necessary  for  executing  its  inspection  laws  ;  and  the  net  produce  of 
all  duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall 
be  for  the  use  of  the  Treasury  of  the  Confederate  States  ;  and  all 
such  laws  shall  be  subject  to  the  revision  and  control  of  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty, 
on  tonnage,  except  on  6ea-going  vessels  for  the  improvement  of  its 
rivers  and  harbors  navigated  by  the  said  vessels  ;  but  such  duties 
shall  not  conflict  with  any  treaties  of  the  Confederate  (States  with 
foreign  nations  ;  and  any  surplus  revenue,  thus  derived,  shall,  after 


Trials  in  civ 
ii  cases 


Bail,  tines. 


Bill  of  at 
tainder,  fcc. 


Impost 


Tonnage   du 
ties. 


50 

making  such  improvement,  be  paid  into  the  common  treasury.    Nor  Troops  and 
shall  any  State  keep  troops  or' ships  of  war  in  time  of  peace,  enter  sbipsofv"*r' 
into  any  agreement  or  compact  with  another  State,  or  with  a  foreign  compacts. 
power,  or  engage  in  war.  unless  actually  invaded,  or  in  £uch  immi- 
nent danger  as  will  not  admit  of  delay.   *Bnt  when  any  river  divides  War 
or  flows  through  two  or  more  States,  they  may  e  Wnpacta 

with  each  other  to  improve  the  navigation  thereof 

ARTICLE  II. 

SECTION   I. 

1.  The   Executive  power  shall  be   vested  in    a   President  of  the 
Confederate  State?  of  America.    He  and  the  Vice-President  shall  lYesident. 
hold  their  offices  for  the  term  of  a\x  years  ;  but  the  President  shall 

not  be  re-eligibV.   The  President  and  Vice-President  shall  be  elected  Tcrm  of  °r 
as  follows :  '"''' 

2.  Each  State  shall  appoint,  in  such  manner  as  the  Legislature 
thereof  may  direct,  a  number  of  electors  equal  to  the  whole  numher  mouv  or  dec 
of  Senators  and  Representatives  to  which  the  State  may  be  entitled  tioo. 

in  the  Congress ;  but  no  Senator  or  Representative,  or  person  hold- 
ing an  office  of  trust  or  profit  under  the  Confederate  States,  shall  be 
appointed  an  elector. 

3.  The  electors  shall  meet  in  their  respective  States  and  vote  by 

ballot  for  President  and  Vice-President,  one  of  whom,  at  least,  shall  Flection  or 
not  be  an  inhabitant  of  the  same  State  with  themselves  ;  they  shall  rresident 
name  in  their  ballots  the  person  voted  for  as  President,  and  in  dis-  ?,nd.Xicc; 
tinct  ballots  the  person  voted  for  as  Vice-President,  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice-President,  and  of  the  number  of  votes  for 
each,  which  lists  they  shall  sign  and  certify,  and  transmit,  sealed, 
to  the  seat  of  Government  of  the  Confederate  States,  directed  to  the 
President  of  the  Senate  ;  the  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted ;  the  person  having 
the  greatest  number  of  votes  for  President  shall  be  the  President,  if 
such  number  be  a  majority  of  the  whole  number  of  electors  appointed; 
and  if  no  person  have  such  majority,  then,  from  the  persons  having 
the  highest  numbers,  not  exceeding  three,  on  the  list  of  those  voted 
for  as  President,  the  House  of  Representatives  shall  choose  immedi- 
ately, by  ballot,  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  States— the  Representation  from  each  State 
having  one  vote.  A  quorum  for  this  purpose  shall  consist  of  a  mem 
ber  or  members  from  two-thirds  of  the  States,  and  a  majority  of  all 
the  States  shall  be  necessary  to  a  choice.  And  if  the  House  of  Re- 
presentatives shall  not  choose  a  President,  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice-President  shall  act  as  President,  as  in  case 
of  the  death,  or  other  constitutional  disability  of  the  President. 

4.  The  person  having  the  greatest  number  of  votes  as  Vice-Presi- 
dent, shall  be  the  Vice-President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed ;  and  if  no  person  have  a 
majority,  then,  from  the  two  highest  numbers  on  the  list  the  Senate 
shall  choose  the  Vice-President ;  a  quorum  for  the  purpose  shall  con- 
sist of  two-thirds  of  the  whole  number  of  Senators,  and  a  majority  of 
the  whole  number  shall  bo  necessary  to  a  choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office  of  Presi- 
dent shall  be  eligible  to  that  of  Vice-President  of  the  Confederate 
States. 


60 


Time  of  elec 
tion. 


Quaiifloat'ns 
of  the  Preei 
dent. 


Vacarcy— 
how  sup- 
plied. 


His  compcD 

Bation. 


6.  The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes  ;  which  day  shall 
be  the  same  throughout  the  Confederate  States. 

7.  No  person,  except  a  natural  born  citizen  of  the  Confederate 
States,  or  a  citizen  thereof  at  the  time  of  the  adoption  of  this  Con- 
stitution, or  a  citizen  thereof  born  in  the  United  States  prior  to  the 
20th  of  December,  1860,  shall  be  eligible  to  the  office  of  President ; 
neither  shall  any  person  be  eligible  to  that  office  who  shall  not  have 
attained  the  age  of  thirty-five  years,  and  been  fourteen  years  a  resi- 
dent within  the  limits  ot  the  Confederate  States,  as  they  may  exist  at 
the  time  of  his  election. 

8.  In  case  of  the  removal  of  the  President  from  office,  or  ot  bis 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  the  same  shall  devolve  on  the  Vice-President ;  and 
the  Congress  may,  by  law,  provide  for  the  case  of  removal,  death, 
resignation,  or  inability  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President,  and  such  officer 
shall  act  accordingly  until  the  disability  be  removed  or  a  President 
shall  be  elected. 

9.  The  President  Bball,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  dur- 
ing the  period  for  which  he  shall  have  been  elected  ;  and  he  shall 
not  receive  within  that  period  any  other  emolument-  from  the  Con- 
federate States,  or  any  of  them. 

Oath  of  of         10.  Before  he  enters  on  the  execution  of  his  office,  he  shall  take 

fice.  the  following  oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  Confederate  States  of  America,  and  will,  to 
the  best  of  my  ability,  preserve,  protect,  and  defend  the  Constitution 
thereof." 

SECTION    11. 

Powers  and     1.  The  President  shall  be  Commander-in-Chief  of  the  Army  and 
duties.  Navy  of  the  Confederate  States,  and  of  the  Militia  of  the  several 

States,  when  called  into  the  actual  service  of  the  Confederate  States; 
he  may  require  the  opinion,  in  writing,  of  the  principal  officer  in  each 
of  the  Executive  Departments,  upon  any  subject  relating  to  the  du- 
ties of  their  respective  offices  ;  and  he  shall  have  power  to  grant  re- 
prieves and  pardons  for  offences  against  the  Confederate  States. 
except  in  cases  of  impeachment. 
Treaties  2.  He  Bhall  have  power,  by  and  with  the  advice  and  consent  of  the 

Senate,  to  make  treaties,  provided  two-thirds  of  the  Senators  present 
concur  :  and  he  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  Senate,  ghall  appoint  ambassadors,  other  public  min- 
Appoint.iv     inters  ar>d  consuls,  Judges  of  the  Supreme  Court,  and  all  other  offi- 
power.      '     cers  of  the  Confederate  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law  ;  but 
the  Congress  may,  by  1  iw,  vent  the  appointment  of  such  inferior  offi- 
cer- 'ink  proper,  in  the  President  alone,  in  the  courts  of 
law  or  in  the  Heads  of  Departments. 
Removing          3.  The  principal  officer  in  each  of  the  Executive  Departments,  and 
power.          all  persons  connected  with  the  diplomatic  service,  may  be  removed 
from  office  at  the  pleasure  of  the  President.    All  other  civil  officers 
of  the  Executive  Department  may  be  removed  at  any  time  by  the 
President,  or  other  appointing  power,  when  their  services  are  unne- 
cessary, or  for  dishonesty,  incapacity,  inefficiency,  misconduct,  or 
neglect  of  du'y  ;  and  when  so  removed,  the  removal  shall  be  reported 
to  the  Senate,  together  with  the  reasons  therefor 


61 

Tha  President  shall  have  the  power  to  fill  all  vacancies  that  may  Tower  to  fill 
happen  during  tho  recess  of  the  Senate,  by  graatiog  commissions  vaCADCies- 
which  shall  exp'iro  at  the  end  of  their  next  session  ;  but  no  person 
rejected  by  the  Senate  shall  be  re -appoiuterl  to  the  n\mc  office  during 
their  f  rwuing  recess. 

SECTION    III. 
I.  Tho  President  t-hxll,  from  time  to  time,  give  to  the.  Congress  ln-Sba>,  H^ta- 
formation  of  the  state  of  the  Confederacy,  and  recommend  to  their  formation  to 
consideration  such  measures  as  be  shtll  jadge  necessary  and  expo- Congress, 
dient;  he  may,  on  extraordinary  occasious,  convene  both  Houses,  or 
either  of  them,  .  is  of  disagreement  betweou  them,  w'ta  ^rther 

respect  to  the  time  of  adjournment,   he  may  adjonrn  thorn  to  such  powers. 
time  as  ho  sh;ill  think  proper  ;  be  shall   receive  ambassadors  and 
other  public  ministers  ;  he  shall  take  care  that  the  laws  be  f  uthfully 
executed,  and  shall  comrnirsion  all  the  officers  of  the  Confedei 
States. 

SECTION   IV. 

1.  Tho  President,  Vice-President,  and  all  civil  officers  of  the  Cou- jraiWilcjj. 
federate  State**,  shall  bo  removed  from  office  on  impeachment  for,  mentg. 
and  conviction  of,  treason,  bribery,  or  other  high  crimes  and  mis- 
demeanors 

ARTICLE  III 

SECTION   I. 

I.  The  judicial  pewer  of  the  Confederate  States  shall  bo  vested  in  judiciary- 
one  Supremo  Court,  and  in  such  Inferior  Conrts  as  the  Congress  Teuuro  and 
may  from  time  ordain  and  establish.    The  judges,  both  of  the  Su-  oompensa- 
preme  and  Inferior  Courts,  shall  hold  their  offices  during  good  be-tl0a' 
navior,  and  Bhall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  diminished  during  their  continuance  in 
offioe. 

SECTION   II. 

1.  The  Judicial  power  sha'l  extend  to  all  cases  arising  under  this  Judicial 
Constitution,  the  laws  of  the  Confederate  Slates,  and  treaties  made,  i,oworB- 
or  which  shall  be  made,  under  tho'.r  authority  ;  to  all  cases  affecting 
ambassadors,  other  public  ministers  and  consuls;  to  all  cases  of  ad- 
miralty and  maritime  jurisdiction;  to  controversies  to  which  the 
Confederate  States  shall  be  a  party;  to  controversies  between  two  or 
more  States;  between  a  State  and  citizen  of  another  State,  where  the 
State  is  plaintiff;  between  citizens  claiming  lands  under  grants  of 
different  States;  and  between  a  State,  or  the  citizens  thereof,  and 
foreign  States,  citizens,  or  subjects;  but  no  State  shall  bo  sued  by  a 
citizen  or  subject  of  any  foreign  State. 

2.  In  all  cases  affecting  amba?sadors,  other  public  ministers  and  Jurisdiction 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supieme  prCI£o  court 
Court  shall  have  original  jurisdiction.     In  all  tlie  other  cases  before 
mentioned,  the  Supreme  Court  shall  have  appellate  jurisdiction,  both 

as  (o  law  and  fact,  wilh  such  exceptions  and  under  such  regulations 
as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  Trial  lor 
be  by  jury,  and  such  trial  shall  be  held  in  the  State  wheie  tb  i  said  crimcs- 
crimes  shall  have  been  committed;  but  when  not  committed      'thin 

any  State,  the  trial  shall  be  at  such  place  or  places  as  the  Co     ress 
may,  by  law,  have  directed- 


62 

SECTION    III. 

Treason.  j.     Treason   against  the  Confederate  States  shall   consist  only  in 

levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 

Witnesses  them  aid  and  comfort.  No  person  shall  be  con',  icted  of  treason  un- 
less on  the  testimony  of  two  witnesses  to  the  t-arne  overt  act,  or  on 
confession  in  open  court. 

PunialimcDt  2.  The  Congress  shall  have  power  to  declare  the  punishment  of 
treason;  but  no  attainder  of  treason  shall  work  corruption  of  blood, 
or  forfeiture,  except  during  the  life  ot  the  person  attainted. 


State  rec- 
ords, &c. 


Privileges  o! 
citizens. 


Fugit.-. 
from  justice 


Fugitive 

e  laves 


New  States. 


Co  Duress  to 
control  pub- 
lic property. 

Territories. 


Congress 
shall  bavo 
exclusive 
control  over. 


ARTICLE  IV. 

SECTION    I. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the  public 
acts,  records,  and  judicial  proceeding*  of  every  other  State.  And 
the  Congress  may,  by  general  laws,  presenile  the  manner  in  which 
such  acts,  records,  and  proceedings  shall  be  proved,  and  the  effect 
thereof. 

SECTION    II. 

1     Ttii-  eitiaens  of  each  State  shall  be  entitled  to  all  the  privileges 

and  immunities  of  citizens  in  the  several  States;  and  shall  have  the 

right  of   transit  and  sojourn  in  any  State  of  this  Confederacy,  with 

their  slaves  and  other  property:  and  the  light  of  property  in  said 

shall  not  be  thereby  impaired. 

2.  A  person  charged  in  any  State  with  fumon,  felony,  or  other 
crime  against  the  laws  of  Ruch  State,  who  shall  fleo  from  justice,  and 
be  found  in  another  State,  shall,  on  demand  of  the  Executive  au- 
thority of  the  State  from  which  he  fled,  be  delivered  up,  to  be  re- 
moved to  the  State  having  jurisdiction  of  the  crime. 

3.  No  slave  or  other  person  held  to  service  or  labor  in  any  State 
or  Territory  of  the  Confederate  States,  under  the  laws  thereof,  escap- 
ing or  lawfully  carried  into  another,  shall,  in  consequence  of  any  law 
or  regulation  therein,  be  discharged  from  such  service  or  labor  ;  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such  slave  be- 
longs, or  to  whom  such  service  or  labor  may  be  due. 

SECTION   III. 

1.  Other  States  may  be  admitted  into  this  Confederacy  by  a  vote 
of  two-thirds  of  the  whole  House  of  Representatives  and  two-thirds 
of  tho  Senate,  the  Senate  voting  by  States;  but  no  new  State  shall  be 
formed  or  erected  within  the  jurisdiction  of  any  other  State,  nor  any 
State  be  formed  by  the  junction  of  fwo  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  Legislature  of  the  States  concerned, 
as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of,  and  make  all 
needful  rules  and  regulations  concerning  the  property  of  the  Con- 
federate States,  including  the  lands  thereof. 

3.  The  Confederate  States  may  acquire  new  territory;  and  Con- 
gress shall  have  power  to  legislate  and  provide  governments  for  the 
inhabitants  of  all  territory  belonging  to  the  Confederate  States,  lying 
without  the  limits  of  the  several  States,  and  may  permit  them  at  such 
times,  and  in  such  manner  as  it  may,  by  law,  provide,  to  form  States 
to  be  admitted  into  the  Confederacy.  In  all  such  territory,  the  institu- 
tion of  negro  slavery,  as  it  now  exists  in  the  Confederate  States, 
shall  be  recognized  and  protected  by  Congress  and  by  the  Territorial 
Government:  and  the  inhabitants  of  the  several  Confederate  States 


63 

and  Territories  shall  have  the  right  to  take  to  such  Territory  any 
slave's,  lawfully  held  by  them,  in  any  of  the  States  or  Territories  of 
the  Confederate  States. 

-J.     The  Confederate  States  shall  guarantee  t?  every  State  that  now  Republican 
is,  or  hereafter  may  become,  a  member  of  this  Confederacy,  a  repub-  lormof  gov 
Hcai    form  of  government;  aDd  shall  protect  each  of  them  against  "omeiJt.ftc, 
invasion;  and  on  application  of  the  Legislature,  (cr  of  the  Executive.  suariLnteed- 
when  :  ature  is  not  io  session,)  ngainst  domestic  violence. 

ARTICLE    V 

SECTION  1. 
1.  Upon  the  demand  of  any  three  States,  legaiiy  assembled  in 
their  several  Conventions,  the  Congress  shall  summon  a  Convention  monts'! 
of  all  the  States,  to  take  into  consideration  such  amendments  to  the 
Constitution  us  the  said  States  shall  concur  in  suggesting  at  the  time 
when  the  siid  demand  is  made;  and  should  any  of  the  proposed 
amendments  to  the  Constitution  be  agreed  on  by  the  said  Convention 
— voting  by  States  -and  the  same  be  ratified  by  the  Legislatures  of 
two-third-1  of  the  several   S  by    Conventions    in  two-thirds 

thereof  as  the  one  or  the  other  mode  of  ratification  may  be  pro- 
prosed  by  the  General  Convention— they  shall  thenceforward  form 
a  part  of  this  Constitution.  But  :io  State  shall,  without  its  consent, 
be  deprived  of  its  equal  representation  in  (h  ■  s 

ARTICLE    VI. 
SECTION    I. 

e  Govern:  lished  by  this  Cons  titntionie  the  sucoeoaorThiB  Consti 

of  f-he  Provisional  Government  of  the  Confederate  States  of  America,  tution  to  eu- 
and  tUl  the  laws  passed  by  the  latter  shall  continue  in  force  until  the  P?rsede  Pro- 
same  shall  be   repealed  or  moili5ed;  and   all   the  officers  appointed  suTu^on00" 
by  the  same  shall  remain  in  office  until  thuir  successors  are  appointed 
and  qualified,  or  (abolished. 

SECTION   II. 

1.     All  debts  contracted  and  engagements  entered  iuto  before  the  l)«bts 
adoption   ot    this    Constitution,  shall  be  as  valid    against  the  Con- 
federate Slates,  under  this  Constitution,  as  under  the  Provisional 
Government. 

SECTION   III. 

1.    This  Constitution,  and  tho  laws  of  the  Confederate  States  made  in  Supremo 
pursuance  thereof,  and  all  treaties  made,  or  which  shall  be  made, law °r  tbt! 
under  the  authority  of  the  Confederate  States,  shall  be  the  supreme  ,and 
law  of  the  land;  and   the  Judges   in   every   Stats  shall  be   bound 
thereby,  anything  in  the  Constitution  or  lawn  of   any  State  to  the 
contrary  notwithstanding. 

SECTION   IV. 
1.    The  Senators  and  Representatives  before  mentioned,  and  the  Oaths  or 
mombcia  of  the  several  State  Legislatures,  and  all  executive  and  ju- office, 
dicial   officers,  both  of  the   Confederate  States  and  of  the  several 
Statos,  shall  be  bound  by  oath  or  affirmation  to  support  this  Consti- 
tution; but  no  religious  test  shall  ever  be  required  as  a  qualification 
to  auy  office  or  public  trust  under  the  Confederate  States. 

SECTION    V.  Enumerate 

1.     The  enumeration,  iu  the  Constitution,  of  certain  rights,  scall  not  °f  5?rtaint 
bo  construed  to  deny  or  disparage  others  retained  by  the  people  of  ioliisparaee 
the  several  States.  others. 


64 


Reservod 

right* 


SECTION    VI. 

1 .  The  powers  not  dale  gated  to  tbe  Confederate  States  by  the  Con- 
stitution, nor  prohibited  by  it.  to  the  States,  ar>  reserved  to  the 
States,  respectively,  ec  to  tbe  people  thereof 


ARTICLE  VII 

Ratification  i.  The  ratit^ation  of  the  Conventions  of  five  States  shall  bo  auf- 
fioient  for  th<*  otiblishtnent  of  this  Constitution  between  the  States 
po  ratifying  tLe  game. 

2.  When  five  Statei  !-hall  have  ratified  this  Constitution,  in  tho 
manner  before  specifiol,  tin*  Cou^res.-i  Qnder  t'ao  Provisional  Consti- 
tution shall  prescribe  tho  time  for  holding  the  election  of  Prcsidont 
and  Vice- President,  and  for  the  meeting  of  the  electoral  college,  and 
for  counting  the  vot-s,  and  inaugurating  the  President.  They  shall 
also  presoribe  tho  time  for  holding  the  first  election  of  members  of 
Congress  under  whig  Constitution,  and  the  time  for  assembling  the 
same.  Until  the  nascmblinj:  of  such  Congress,  the  Congress  under  the 
Provisional  Constitution  shall  continue  te  exercise  t!\<*  legislative 
powers  grauted  them,  not.  extending  beyond  tho  time  limited  by  the 
constitution  of  the  Provisional  Governme 


the  oonatltn 

tion 


FXTRACT  FROM  TTIF.  JOURNAL  OF  CONGRESS. 

-.  March  11,  1861. 
the      On  tbe  question  ol  tl  lion  of  the  Constitution  of  tho  Coa- 

;JjJ°Pll0°  °[  federate  State*  of  Amirioa,  the  vote  was  taken  by  yeas  and  nays;  and 
the  Constitution  was  unanimously  adopted,  as  follows : 

Those  who  voted  in  tbe  affl  rs.  Walker,  Smith, 

Curry,  Hale,  hotter,  and  Fern,  of   Alabama,  (Messrs.  Chil- 

ton  and    Lou-is  being  absent);  'orton,  Andiron,  and  Owens, 

of   Florida;    Messrs.   Toomb-,    Howell    Cobb,   Bartow,  Kisbet,  Hill, 

Wright,   Thomas  R.  It.  Cobb,  and  Stephens,  of  Georgia,  (Messrs. 

Crawford  and  iVkins,  DuUlouet,  Con- 

nner,  Spa-row,  and   Marshall,  of   Louisiana;  Messrs.   Harris, 

Wilson,  ChyU  son,  of   Mississippi,  (Mr. 

Campbi.l  b  ,  Barnwell,  Keitt,  Chesnut, 

Memminger,  Miles,  Withe  b,  and  Boyce,  of  South  Carolina;  Messrs. 

Reagan,  Hemphill,   Waul,  Greg?;,  Oldham,  and  Ochiltree,  of  Texas, 

(Mr.  Wigfall  beiDg  absent  ) 

A  true  copy  J.  J.  HOOPER, 

F+crdary  of  the  Congress. 


Certificate 


Cokor*S3,  March  11,  1861. 
I  do  hereby  certify  that  tbe  foregoing   are,  respectively,  tme  and 
correct  copies  of  "  Tho  Constitution  of  the  Confederate  States  ef 
America."  unanimously  adopted  this  day,  and  of  the  yoas  and  nays 
on  tho  question  of  the  adoption  thereof. 

HOWKLL  COBB, 

President  of  IK$  Congress. 


ERRATUM 


On  page  18,  in  General  Joint  Resolution,  Chapter  VHI,  second  paragraph,  ninth 
line,  the  word  "  improvements "  should  be  "impressments." 


<+? 


